Delhi HC rules wife’s right to reside in shared household not absolute

The Delhi High Court has stated that a wife’s right to reside in a shared household under the Protection of Women from Domestic Violence Act (DV Act) is not absolute.

The court observed that while the DV Act grants a daughter-in-law the right to reside in the shared household, it is conditional and does not guarantee permanent residence under all circumstances. Section 2(s) of the DV Act defines “shared household” to mean the house where a woman comes to reside after her marriage irrespective of who has the ownership of that property.

“While Section 19 of the DV Act recognizes the right of a daughterin-law to continue to live in the shared household, it is subject to two conditions; firstly she cannot be dispossessed except in accordance with law and secondly, she may be provided with an alternate accommodation or the rent for such alternate accommodation,” Justice Neena Bansal Krishna said,

The court’s observation came while hearing a case filed by a woman, who got married in July 2016 and after her marriage came to live in a flat -- owned by her father-in-law -- along with her husband, parents-in-law and sister-in-law.

Over a period of time, differences arose and the parents-in-law and sister-in-law shifted to another flat in the same locality owned by the mother-in-law, on July 14, 2017. Five days later, the husband also left the shared household. Since then the woman has been living in the flat.

The woman subsequently filed a complaint under the DV Act, seeking maintenance and protection of her right to reside in the shared household.

The woman was initially granted protection from dispossession from the flat by a local court in December 2017. However, the decision was later vacated by the same court on December 21, 2019, prompting the woman to appeal the decision.

Justice Krishna, in the judgment passed on October 21, while dismissing the woman’s plea said that, “no absolute right of residence can be claimed by the petitioner”.

“She herself is an educated woman who has done her MBA and is employed with Accenture Solutions Private Limited. It is not a case where she is helpless or there is any endeavour to leave her on the road by taking away the roof from her head,” the judge said.

The judge took note of the fact that the local court while maintaining a balance between the rights of the woman and the in-laws and also being cognizant of the fact that the property is owned by the father-in-law “who cannot be made to suffer in his hey days”, has directed that alternate flat in the same colony on rent may be made available to the woman.

Published - October 23, 2024 08:42 am IST