Right To Residence In Matrimonial Home Includes Right To Safe, Healthy Living: High Court

Right to residence in matrimonial home includes right to safe, healthy living, Delhi High Court said

New Delhi:

Right to residence in a matrimonial home under the law against domestic violence subsumes the right to safe and healthy living, the Delhi High Court has said.

The court’s observation came while dealing with a plea by a woman against a lower court order refusing to give her any relief against her allegations of harassment by her husband and mother-in-law.

The woman claimed that her husband and mother-in-law had been feeding 10 street dogs in the shared household with the intention to cause her harassment and mental torture.

Justice Tushar Rao Gedela issued notice on the petition by the woman and said, “it goes without saying that the right to residence in a matrimonial home, under the provisions of the Protection of Women from Domestic Violence Act, 2005, also would subsume within itself, the definition of ‘right to safe and healthy living’ too. Hence, requiring interference by this court.”

The judge, in an order passed last month, observed that the lower court ought to have prima facie considered balancing equities between the parties.

The counsel for the petitioner said the relationship between petitioner on one hand and her husband and mother-in-law on the other was acrimonious.

Earlier before the lower court, she had argued that the feeding of street dogs in a shared household violated her fundamental rights, which included right to life and right to health, as it may cause diseases and nuisance.

The counsel also produced photographs showing various dogs being kept by the respondents in the house, and argued such an act of harassment could not be termed as trivial issue.

The high court directed the husband and the mother-in-law to file their reply to the woman’s plea within four weeks and listed the case for further hearing in May.
 

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