Right To Residence In A Matrimonial Home Also Includes Right To Safe & Healthy Living: Observes Delhi HC

The Delhi High Court has observed that the right to residence in a matrimonial home would also include the right to safe and healthy living.

The bench of Justice Tushar Rao Gedela in a matrimonial case observed thus-

“…it goes without saying that the right to residence in a matrimonial home, under the provisions of the Protection of Women from Domestic Violence Act, 2005, also would subsume within itself, the definition of “right to safe and healthy living” too”

The Court made this observation while dealing with a plea by a woman challenging the Order refusing relief to her against alleged harassment by her husband and in-laws.

The counsel for the petitioner submitted that the relationship between the petitioner on one hand and the husband and the mother-in-law on the other is acrimonious.

Advocate Om Prakash Gulabani appeared for the petitioner.

The Court opined that the First Appellate Court ought to have, prima facie, considered balancing equities between the parties, especially, keeping in view the, inter se relation.

Besides that, the Court observed that the right to residence in a matrimonial home, under the provisions of the Protection of Women from Domestic Violence Act, 2005, also would subsume within itself, the definition of “right to safe and healthy living” too.

The Court issued notice on the plea by the woman. The Court directed reply, if any, to be filed within four weeks.

“Issue notice. Upon petitioner taking steps within a week, notice may be served through all permissible modes. Additionally, through learned counsel appearing for the respondents before the learned Trial Court. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter”, the Court said.

The Court has posted the matter to May 22 for further hearing.

Cause Title- ABC v. XYZ

Click here to read/download Order