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Domestic Violence Act : Women cannot be thrown out of the house, even though the house is not owned by husband

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Under the Domestic Violence Act which ensures the in-laws treat the daughter in-law nicely, the Supreme court passes the rule that if a women submits a complaint under 2005 law, she will have the right to reside in the shared house even if it’s rented or owned by the in-laws and not by the husband.

In order to protect hapless women from a risk of being thrown out of the house , the court ruled that women have the right to to reside in any house lived in with her husband in a rented house, in-laws place or relatives house. The only way to remove her from the house is to provide an eviction notice to the court as said by Supreme Court.

A bench of justice Ashok Bhushan, R S Reddy and M R Shah gave a wider meaning to sharing household. But it held the DV Act as a milestone in ensuring rights of women.

Justice Bhushan said ,” The domestic violence in this country is rampant and several women encounter violence in some form or the other or almost every day, however, it is the least reported form of cruel behavior. A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime. This non-retaliation by women coupled with the absence of laws addressing women’s issues, ignorance of the existing laws enacted for women and societal attitude makes the women vulnerable. The reason why most cases of domestic violence are never reported is due to the social stigma of the society and the attitude of the women themselves, where women are expected to be subservient, not just to their male counterparts but also to the male’s relatives”.

Written by Ompriya Sahoo

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