Disputes between husband and wife are common, but when it reaches divorce, many legal questions arise. One of these important questions is whether the wife can live in her in-laws’ house even after divorce? On this, Delhi High Court recently gave an important decision, which provides guidance in matters related to Domestic Violence Act and marital rights.
Woman’s right to live with her in-laws
The Delhi High Court clarified that under the Domestic Violence Act 2005, a woman has every right to live in her husband’s house, even if she is opposing the husband’s petition in a divorce case.
- Court’s Comment:
The High Court said that observance of marital rights under the Hindu Marriage Act 1955 and right of residence under the Domestic Violence Act are two different provisions. - Petition of mother-in-law and father-in-law rejected:
The mother-in-law and father-in-law had argued that if the daughter-in-law does not want to live with her husband, then she should not have the right to live in her in-laws’ house. The court rejected this petition.
Right of residence separate from marital rights
The High Court emphasized that the right of residence is independent of marital rights.
- background:
The mother-in-law and father-in-law had challenged the daughter-in-law’s right to live in her in-laws house in the lower court. - Court’s decision:
The Delhi High Court upheld the woman’s right to reside under the Domestic Violence Act and rejected the in-laws’ appeal.
More than 60 cases registered
- Mother-in-law and father-in-law told that the daughter-in-law had left her in-laws’ house in September 2011.
- Both sides have filed more than 60 cases against each other.
- Woman claims:
The woman claimed her right to live in her in-laws’ house under the Domestic Violence Act.
High Court’s final decision
- Decision in favor of the woman:
The trial court and the sessions court gave the woman the right to live on the first floor of the house. - Mother-in-law’s argument:
He said that when the daughter-in-law does not want to live with her husband, she does not have the right to live in her in-laws’ house. - High Court’s stance:
The High Court rejected the arguments of the mother-in-law and recognized the woman’s rights.
