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Landmark Judgment: Now wives have the right to reside in a shared house, not owned by her husband.

New Delhi: The three-judge bench headed by Justice Ashok Bhushan provided landmark judgment concerning the women fighting domestic violence cases. The civil suit petition was filed by a septuagenarian couple from Delhi to dispossess their daughter-in-law even as the proceedings initiated by her under the Protection of Women from Domestic Violence Act, 2005 was still ongoing.

The Hon’ble Supreme Court of India has finally in a landmark judgment allowed women fighting domestic violence cases the right to reside in the ‘shared household’ even if her husband had no legal right to the house and the same was owned by the father-in-law or mother-in-law.

By the passing of this judgment, the previous decision of the Supreme Court in December 2006 in SR Batra v Taruna Batra in which a two-judge bench refused permission to the wife to continue staying in her husband’s house as it was owned by her mother-in-law no longer holds any validity. Similar judgments passed by several other HCs have no value either. According to the bench, one of the primary goals of the 2005 act was to provide extensive protection for victims of domestic violence and thus, it should be so interpreted.

According to the Section 17(1) of The Protection of Women from Domestic Violence Act, 2005 says that every woman in a domestic relationship shall have the right to reside in a shared household, whether or not she has any right, title or beneficial interest in it.

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