Supreme Law News

Can a woman be removed from her married house ?

The Court made it clear that elderly persons have the right to live in peace, but it also stated that they can not use their rights in a way that violates a woman's domestic violence rights.

According to a recent ruling by the Bombay High Court, a woman can not be forced to leave her married home and become homeless in order to give her aging in-laws some peace of mind.

Senior persons have the right to live in peace, according to Justice Sandeep Marne, but they cannot use their rights in a way that violates a woman's rights under the Protection of Women from Domestic Violence Act, 2005.

"Without a doubt, elderly residents have a right to live in their own home in harmony and without interference due to marital strife between the petitioner, a daughter-in-law, and her husband.

However, the Court clarified that the Senior Citizens Act's machinery may not be utilized to undermine a woman's right under Section 17 of the DV Act.

The statement was made by the Court in the process of nullifying an order that had been granted by a tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act. The petitioner, a woman, had been ordered to leave her marital home after her in-laws filed a complaint.

The petitioner before the court and her spouse were living in the shared home of the petitioner's in-laws when they got married about 27 years ago.

The pair was ordered to leave the apartment by the tribunal in 2023 due to marital conflict between the spouses.

Nonetheless, the petitioner's spouse remained to reside with his parents and did not leave the property.

Because of this, the Court concluded that the woman's in-laws' eviction process was only a ruse to force their daughter-in-law out.

"She doesn't have anywhere else to live. Consequently, the Court decided that she could not be made homeless in order to protect the seniors' peace of mind.

The Court also observed that the spouse had not made any plans for a separate domicile, even though six months had gone since the eviction order.

The Court made the point that the wife would have been entitled to protection from being evicted from the husband's separate residence if he possessed one.

The Court clarified, nonetheless, that this does not imply that a woman who lives with her in-laws is any less protected.

Does this imply that a wife who chooses to live apart from her in-laws is more protected than one who decides to live in a joint household with them? There is no doubt that the answer to the question is negative. Consequently, the Court stated, "A balancing act must be done, and the rights of the senior citizens can not be decided in isolation where a contest arises between the rights of senior citizens and a woman."

The tribunal's eviction order was ultimately overturned by the High Court.

It further mentioned that the petitioner-woman's plea under the Domestic Violence Act, requesting permission to stay in the shared house, was still pending before a magistrate.

As a result, the High Court mandated that the magistrate handle the woman's plea quickly before dismissing the case.

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( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.