Domestic violence: SC says right to live in shared household not restricted to matrimonial home

New Delhi: In an important verdict safeguarding the interest of woman victims of domestic violence, the Supreme Court Thursday gave a wide interpretation to the term right to reside in a shared household' under the law, holding it cannot be restricted to only actual matrimonial residence, but can be extended to other homes irrespective to right over the property.

A bench of justices M R Shah and B V Nagarathna, while hearing a plea of domestic violence victim after she was widowed, dealt with the unique situation of Indian women who live at places different from matrimonial homes, such as the workplaces of their husbands,.

"There could be several situations and circumstances and every woman in a domestic relationship can enforce her right to reside in a shared household irrespective of whether she has any right, title or beneficial interest in the same and the said right could be enforced by any woman under the said provision as an independent right...," the bench said.

It held that the even in the absence of a Domestic Incident Report of a protection officer under the Protection of Women from Domestic Violence Act, reliefs such as right to reside in the shared matrimonial homes can be enforced.

"It is held that Section 12 (under which a woman seeks reliefs under the Act), does not makes it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act.

It is clarified that even in the absence of a Domestic Incident Report, a Magistrate is empowered to pass both ex parte or interim as well as a final order under the provisions of the DV Act, Justice Nagarathna said, writing 79-page judgement.

The bench also answered a legal question whether it was mandatory for the aggrieved women to reside with those persons against whom the allegations have been levied at the point of commission of domestic violence.

It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence, it said.