In India women are entitled to various rights to legally protect their holdings and so on. Out of many rights that a women inhabitant under the laws of the land be it property or matrimonial etc.
One such right which is overshadowed is the right to residence. The Domestic Violence Act entitles a woman to the right of secure housing under section 17 which also ensures that a woman has the right to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household.
WHO PASSES THE ORDER OF THE RIGHT TO RESIDENCE
- Magistrates
RIGHT TO RESIDENCE
The women under this right shall not be evicted or even excluded from her matrimonial home or shared household other than any procedure established by law.
WHEN RIGHT TO RESIDENCE IS NOT GRANTED
- If sufficient prove is not established as prescribed by law.
- It is not an absolute right therefore depends on the court.
- If specific reasons is not provided by the wife that she has been living in a domestic relationship in the household.
- If the wife never lived in the shared household then her claim will be dismissed
- If the wife left the matrimonial home during the pendency of the divorce case
- When wife has more means than husband and husband is unable to maintain himself.
- When the property does not constitute any shared household.
- If no domestic violence is proved against the husband beyond reasonability.
SHARED HOUSEHOLD VS MATRIMONIAL HOME
SHARED HOUSEHOLD
- Household where the wife lives or at any stage has lived along with the husband.
- Household belongs to husband or joint family where husband is a member.
- Household belongs to the parents or any joint family member of the husband. And husband does not have any share in the household.
- Shared household does not cover complete husband property; it is restricted to household only.
MATRIMONIAL HOME
- Household belongs to any family member of the husband.
- Household belongs to the parents or any siblings of the husband. In this case the wife does not get any rights in that house as she has right only on the household that the husband inhabitant.
WHEN RIGHT TO RESIDENCE IS GRANTED
- When the wife has sufficiently proven that she has been living in a domestic relationship.
- When the wife is living in the matrimonial home during the pendency of the divorce case.
IS THEIR ANY REMENDY TO NOT STAY AT THE MATRIMONIAL HOME DURING THE PENDENCY OF THE DIVORCE
Yes, the wife can seek interim order regarding that it is impossible to stay at the matrimonial home due to the mental violence that is taking place at the household.
WHAT HAPPENS IF THE RIGHT TO RESIDENCE IS GRANTED TO THE WIFE
- The husband is restrained from disturbing or dispossessing the wife from the shared household.
- The husband is directed to remove himself from the shared household.
- The husband or any of his relatives are restrained from entering into the shared household where the wife is living.
- The husband is restrained from alienating or disposing off the shared household.
- The husband is retrained from renouncing his rights in the shared household.
- The husband is directed to secure same level of alternate accommodations for the wife or pay rent so required.
Hence, Domestic violence is a phenomenon existing since ages and it is high time to stop bearing the violence and fight back through legal remedies that our law provides.
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