05/10/2021
LEADING JUDGMENT ON WOMAN NOT GETTING RESIDENCE ORDER IN DV ACT
According to a judgment made by the Supreme Court of India, a woman is not entitled to get a residence order in the domestic violence Act. A reading of the aforesaid provisions shows that it creates an entitlement in favour of the woman of the right of residence under the "shared household" irrespective of her having any legal interests in the same. The direction, inter alia, can include an order restraining dispossession or a direction to remove himself on being satisfied that domestic violence had taken place.
In order for the Respondent to succeed, it was necessary that the two parties had lived in a domestic relationship in the household. However, the parties have never lived together in the property in question. It is not as if the Respondent has been subsequently excluded from the enjoyment of the property or thrown out by the Appellant in an alleged relationship that goes back 20 years. They fell apart even as per the Respondent more than 7 years ago. We may also note that till 22.2.2010 even the wife of the Appellant was alive. We may note for the purpose of record that as per the Appellant, he is a Christian and thus there could be no question of visiting any temple and marrying the Respondent by applying "kumkum", and that too when the wife of the Appellant was alive.
