Wife’s Right To Live Not Limited To In-laws, But Also In Rented Houses: Supreme Court

The right of married women to reside will not be limited to the in-laws. She may also have the right to stay in the rented house of her husband who is out of work. The Supreme Court made important observations at a hearing in a domestic violence case on Thursday.

A division bench of Justice MR Shah and Justice VV Nagaratna said, “The issue of property rights of the married couple would not be confined to the husband’s ancestral home.”

The case was filed by a woman. She complained of domestic violence after becoming a widow. She also told about the difficulty of her living. According to the apex court’s observation, in many cases, Indian women living outside their in-laws’ houses have to face a number of problems. In particular, about their living.

So their right to live or property should not be limited to the husband’s ancestral property. The court also said that in case of allegations of domestic violence, the report of the Protection Officer is required as per the law. In that case, if the issue of residence is not mentioned in the report, then the issue of rights can also be seen.

But is it obligatory to stay under one roof with the family members of the in-laws against whom a woman is alleging domestic violence? The apex court has also commented on this issue.

It has been reported that those against whom the bride is alleging domestic violence, may or may not stay with them if she does not want to. In addition, if a woman in a shared family sues for domestic violence, she can apply for residency assistance.

In the end, the apex court said, it is a social norm for a woman in India to stay at her in-laws’ house. Unless for professional or other reasons, the husband and wife decide to move to a different place. Even if a woman leaves her husband’s home for a reasonable reason, she has the right to stay in that home.