Right of a woman to reside in shared household upheld, irrespective of her current residence or continuation of domestic relationship

Bombay High Court Upholds Woman's Right to Reside in Shared Household. Past Domestic Relationship Sufficient for Claiming Relief under Domestic Violence Act

In a significant judgment, the Bombay High Court, Nagpur Bench, has upheld the right of a woman to reside in a shared household, even if she is not currently residing or continuing a domestic relationship at the time of filing the application. The court ruled that past cohabitation suffices to claim relief under the Protection of Women from Domestic Violence Act, 2005, emphasizing the expansive interpretation of the term "shared household."

The judgment, delivered by Justice Urmila Joshi-Phalke, addressed the case of Ashish v. Smt. Mohini, where the applicant, Ashish, contested the decision that allowed Smt. Mohini, his sister-in-law, and her son to reside in the shared household. The controversy arose after the demise of Mukesh Chauhan, Mohini's husband and Ashish's brother, who had previously resided in the property.

Despite arguments from Ashish regarding the applicability of the Act due to the timeline of events, the court maintained that the definitions of "aggrieved person" and "domestic relationship" encompass past relationships. Justice Joshi-Phalke highlighted that Section 2(a) of the Act identifies an aggrieved person as any woman who has been in a domestic relationship with the respondent, thereby including past cohabitation.

The judgment also addressed the issue of economic abuse under Section 3(v), noting that deprivation of access to the shared household constitutes domestic violence. Smt. Mohini's request to reside in the household was initially declined by Ashish, prompting her legal action under Section 12 of the Act.

In a notable observation, the court referenced the Supreme Court's decision in Prabha Tyagi v. Kamlesh Devi, underscoring that a woman in a domestic relationship has the right to reside in a shared household irrespective of her current living situation. This interpretation seeks to protect women's rights by ensuring their entitlement to reside in shared properties, regardless of ownership or title claims.

The court ultimately modified the earlier order, allowing Smt. Mohini to reside on the first floor of the property, in accordance with the Will executed by her mother-in-law. The decision affirms the protective measures provided under the Domestic Violence Act, reinforcing the legislative intent to safeguard women's rights within domestic settings.

The ruling serves as a reminder of the legal provisions available to women facing domestic disputes, ensuring their access to shared household spaces as a fundamental right.

Bottom Line:

Right of a woman to reside in shared household upheld, irrespective of her current residence or continuation of domestic relationship at the time of filing application. Past cohabitation suffices to claim relief under the Act.

Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 2(a), 2(f), 2(s), 3(iv), 3(v), 17; Hindu Marriage Act, 1955 Section 13

Ashish v. Smt.Mohini, (Bombay)(Nagpur Bench) : Law Finder Doc Id # 2781866