Interpreting the definition of "shared household" under the law for protecting women against domestic violence, the Supreme court held that an estranged wife is entitled to residence only in the house owned or rented by her husband.
NEW DELHI: Interpreting the definition of "shared household" under the law for protecting women against domestic violence, the Supreme court held that an estranged wife is entitled to residence only in the house owned or rented by her husband.
The verdict, first of its kind under the Protection of Women from Domestic Violence Act, was delivered while deciding the plea of a woman who had contended that she could not be disposed from the house which belonged to her mother-in-law and constituted as shared household under the law.
However, a bench comprising Justices SB Sinha and Markandey Katju did not agree with the contention and said it has to give a sensible interpretation of the provision to avoid chaos in society.
"No doubt, the definition of shared household in Section 2(s) of the Act is not very happily worded and appears to be the result of clumsy drafting but we have to give an interpretation that is sensible and which does not lead to chaos in society," Justice Katju, writing the judgement for the bench, said.
It held that the "wife is entitled to claim a right to residence in a shared household which is exclusively belonging to or taken on rent by the husband or the house owned by the joint family of which the husband is a member".
The apex court set aside the Delhi High Court verdict holding that the wife, who was facing divorce case filed by her husband, can continue to reside in the flat which is owned by her mother-in-law and not by her husband with whom she had been living in that flat.
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