Domestic Abuse Women are Entitled to a Part of the Home: Supreme Court


The supreme court gave its opinions regarding the issue which is related to the shared household after the women suffered from domestic violence, irrespective of their religion whether she is mothers, daughters, sisters, wives, or even lie in other categories.

After analyzing 79 pages of judgment, word share household in a domestic violence act, justice Mr. Sahah be Nagarthana commented that if women irrespective of their religion went or be in any domestic relationship in a past and who not even aggrieved in her senses, she has a right to reside in her husband household and get the hared part of it. She will get a title or a beneficial interest in the same.

Nagarthana said in his writing that right of residence it respective of the categories of women which were in domestic relationship which is guarantee in section 17(1). If she had been excluded or throne from her household by her family after doing any such type of domestic violence. The judges also give their opinion in the context of Indian society as there so many women who are not educated enough and they have to earnings and there are not financially independent so this provision of a shared household gives them hope of independence to live and maintain their daily basis necessity.

The court also described the secular character of the domestic violence act in making it applicable to all the women irrespective of their religion and professed by them as in any case whether it is of IPC, CrPC, and CPC. The Supreme court also included these words that the domestic violence act gives the authority to go to the court and ask them to give them effective protection of her rights which are included in the constitution and which gives protecting those women who are the victims of domestic violence occurs in the domestic relationship.

Both judges said that the right to reside in the shared household does not be restricted resident in other words if the other woman doesn’t have the actual residence in the shared household then also if a woman in a domestic relationship can enforce her right to reside in the household.

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(MARCH – APRIL 2022)




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