Tuesday, December 7, 2021
Home Politics Right To Residence To Women Under Domestic Violence: Supreme Court

Right To Residence To Women Under Domestic Violence: Supreme Court

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New Delhi: Women who were thrown out of their in-laws’ house due to domestic violence now can claim the right of residence in the “shared household” even when the house is owned by their in-laws.

A 3-judge bench composition of the Supreme Court held that “shared household”, under the protection of women from Domestic Violence Act 2005, could also be a house owned by joint family or any relative of the husband, provided the woman has lived in that house as a long-term resident “in a domestic relationship”.

“In the event, the shared household belongs to any relative of the husband with whom in a domestic relationship the woman has lived, the conditions mentioned in Section 2(s) are satisfied and the said house will become a shared household”, held the bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah.

This judgment came as a big relief to women who are thrown out of the husband’s home and denied relief on grounds that the house is the property of their father-in-law or mother-in-law.

In its 150-page verdict, the bench, claimed that “domestic violence in this country is rampant and several women encounter violence in some form or the other almost every day, however, it is the least reported form of cruel behaviour”.

The bench also observed that the Domestic Violence Act 2005 was a “step to secure social justice by legislation”.

The judgement amended an earlier 2007 judgment which held that “shared household” is limited to a house that is owned or rented by her husband, or by the joint family of which the husband is a member.

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84 COMMENTS

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