Supreme Court Observes Woman Has Right Of Residence In Her Mother Or MIL’s House, Cannot Be Thrown Out Because Of Squabbles
The Supreme Court has passed a crucial judgement on a woman’s right to a residence. It has dictated that any woman can rightfully live in her mother or her mother-in-law’s house. The SC also asserted that in no case shall a court allow anyone to force a woman out of the house because of petty reasons, or simply because they cannot stand her face. The vacation bench was presided over by Justice Vijay Rastogi and B V Nagarathna. The bench further added that throwing away a woman because of matrimonial quarrels results in breaking families.
According to a report, the judgement was made in the case filed by a woman who with her husband was being forced by her father-in-law to vacate the house. The father-in-law, under the Maintenance and Welfare of Parents and Senior Citizens Act, had moved to the tribunal for an exclusive right to the apartment. The tribunal had passed a judgment in favour of the elderly couple and also directed the woman and husband to pay 25,000 as monthly expenditures for the in-laws. It also asked the husband to find an alternative stay for his wife and children. However, the woman moved to the Supreme Court to challenge this decision.
The Supreme Court bench clearly stated that a woman belonging to any religion, whether she is a mother, sister, daughter, mother-in-law, or daughter-in-law can rightfully live in a shared household. The apex court, however, observed that if a woman is accused of misbehaviour or harassment, then a court can put conditions on the woman to not be a problem for the members of her matrimonial home The SC in its 79-page judgement had cited that the right of residence is assured under Sub-Section (1) of Section 17 of the Act and that a woman cannot be evicted, excluded, or thrown out of such a household even if there is no domestic violence.
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This is a huge judgement in the favour of women who are dependent on their husbands and cannot afford a single living. Even this aspect was pointed out by the SC regarding the case.
