Can Divorced Wife Claim Right To Residence Under Domestic Violence Act

 

India is a country with large population, and diverse cultures. Indian societies within itself contains various institution and marriage is one of them it is considered to be sacred bond not only between the two martial partners but also among their families.

The wife has right to reside with husband in a shared household . But what happens if wife get divorced can she still claim to reside with her husband? As the term share household was to be interpreted in various ways stated the right to residence of divorced women granting appropriate relief. The debated topic in the case was the term ‘Share household’ under Domestic Violence Act and the interpretation of the term.

The main question before the court was whether a divorced wife can be disposed from the share household? The court in case of Satish Chandar Ahuja  vs  Sneha Ahuja gave broader interpretation to the term ‘shared household’ under Domestic Violence Act and held that the aggrieved woman can claim right to residence in house owned by the relatives as well. Thus it clearly stated that she can seek residence order with respect of property which belongs to her in-laws, if she and her husband lived there with some permanency after marriage.

Thus many questions were raised before the court regarding these matter. This definition was interpreted in the Ahuja judgement by overruling the restrictive interpretation in SR Batra. V . Taruna Batra (2007) 3 SCC 169. The domestic violence once committed subsequent decree of divorce will not absolve the liability of respondent from offence committed or to deny the benefit to the aggrieved person was state in one case.

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