New Delhi, Jun 18 (PTI) A Delhi court has directed the in-laws of an estranged woman to arrange accommodation for her or pay her house rent for a reasonable time in a domestic violence case.
Additional Sessions Judge Sharad Gupta was hearing the appeal filed by the woman against a September 2023 order of a Mahila Court, directing the husband to either allow her to reside in the matrimonial home or pay Rs 7,000 rent for suitable accommodation.
The magisterial court had granted relief to the woman in the Domestic Violence Act case filed by her against the husband.
The woman claimed that the magisterial court could not have passed an optional order for paying rent, and instead she had the absolute right to stay in the matrimonial home.
In an order dated June 6, the court said, "It is argued by the appellant (woman) that she has an indefeasible right to reside in the shared household. In this regard it is well settled that the right of the aggrieved woman to reside in the shared household is not an indefeasible right."
The court noted that the woman's husband was absconding and his present whereabouts was not known.
It said, "there is nothing on record to suggest that the relationship between respondent no. 1 (husband) and other respondents (five in-laws) is peaceful or that he is colluding with the other respondent, and rather, as per record, he has abandoned his parents as well as his wife."
The court said that considering that the woman was living in the matrimonial home prior to breakdown of relationship with her husband, the respondent in-laws had to provide some shelter or rent to her for a reasonable period of time.
"The order (of Mahila court) is modified to the extent that respondents 2 to 6 (in-laws) are directed to permit the appellant to reside in the matrimonial home or to arrange a separate rented premises and pay Rs 7,000 as rent per month for six months," the court said.