The Supreme Court ruled that an estranged daughter-in-law cannot be thrown out of home by her in-laws or husband. The Domestic Violence Act, 2005, grants such a right to the woman whether or not she has legal rights over the property.
Petitioner Satish Chander Ahuja had challenged a Delhi High Court judgment of 2019 that had said his daughter-in-law had the right of residence despite a pending divorce dispute between her and husband Raveen. The Supreme Court verdict dismissed Ahuja's appeal.
"It is not requirement of law that aggrieved person (daughter-in-law) may either own the premises jointly or singly or by tenanting it jointly or singly....
The household may belong to a joint family of which the respondent (father-in-law in the present case) is a member irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household; and the shared household may either be owned or tenanted by the respondent singly or jointly", read the judgement.
However, right to residence can only be applied when women has some permanency. Casual living at different places do not make for a shared household.
The judgement further added - "A woman resigns her fate to the never-ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother.
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