Introduction:
In the midst of marital disputes, questions often arise about a wife’s right to residence. Can she demand a place to live, even in her in-laws’ house? Is there a right of her residence even after divorce? What is the right of a wife in a husband’s property?
This blog explores the legal dimensions of a wife’s right to residence and the implications of recent case law on this matter. If there persits any more questions, feel free to contact us through; https://thelegalshots.com/legal-opinion/
Case Law:
Umakant Bondre v. Shobha, 30th September 2022)
Brief Facts of the case:
In 2015, a couple got married, but disputes began to surface in 2016. The wife moved to her matrimonial home and filed a petition under Section 12 of the Protection of Women against Domestic Violence Act, 2005. She sought monthly maintenance, the right to reside in her husband’s household, and various other rights. The magistrate granted her Rs. 2000 as maintenance and Rs. 1500 as the right of residence. Dissatisfied with the compensation, the wife appealed at the session court. The session court ruled in her favour, granting her one room in her husband’s residence with basic amenities.
However, the husband, mother-in-law, and father-in-law challenged this judgement in the Bombay High Court. They raised three main arguments:
no domestic violence took place, the wife left the house of her own accord, and she was already divorced.
They contended that these factors should negate her claim to the right of residence.
The High Court addressed three main questions:
1. Can a divorced woman claim relief under the Domestic Violence Act?
2. Can a divorced woman retain the right of residence?
3. Did the High Court have the authority to reject these claims?
Final Judgement:
The Court examined two key judgments:
1. Satish Chandra Ahuja v. Sneha Ahuja (15th October 2020) – This case emphasised the rights of women under the Domestic Violence Act and the rights of elderly parents. It concluded that a balanced approach was needed to protect these rights.
2. Ramchandra Warrior v. Jaishree (18th March 2021) – The Kerala High Court ruled that a divorced woman can indeed claim relief under the Domestic Violence Act. However, it clarified that Section 17(1) of the Act grants every woman the right to reside in the shared household, and this right cannot be forfeited unless due legal process is followed.
In light of these discussions and past judgments, the Bombay High Court concluded that, in this specific case, the divorce was granted in 2018, and in 2016, the wife left her in-laws’ house of her own accord to reside with her parents. Therefore, the Court held that a woman who leaves her husband’s home before divorce forfeits her “right to residence.”
Conclusion:
The case provides valuable insights into the legal aspects of a wife’s right to residence. While she retains this right under the Domestic Violence Act, various factors, including divorce and voluntary departure, can affect her claim. It is essential for individuals to be aware of these legal nuances when facing such circumstances.
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