A woman has a right to reside in houses of Mother and Mother
in Law : SC [31.5.2022]
NEW DELHI : The Supreme Court on Monday observed
that a woman has a right to residence at the houses of her mother as well as
mother-in-law and the court will not allow anyone to throw her out just because
they can't stand her.
"Sending away a woman just because you cannot
stand her face will not be allowed by this court. This attitude of throwing out
women from their matrimonial homes because of certain matrimonial squabbles is
cracking up families," said a vacation bench of Justice Ajay Rastogi and B
V . Nagarathna.
However, the bench was not in favour of giving a
carte blanche right of residence to women in matrimonial homes. "If she is
accused of misbehaving, then conditions can be put by court not to trouble the
elders and family members in matrimonial homes," said Justice Nagarathna.
The case related to an appeal filed by a woman
against a Bombay High Court order directing her and her husband to vacate the
house of her father-in-law, who had moved the tribunal for exclusive residence
at his flat under and Maintenance and Welfare of Senior Citizens Act. The
tribunal had ordered her to vacate the father-in-law's flat and directed her
and her husband to pay the elderly couple Rs 25,000 monthly maintenance. She
had filed a writ petition challenging the tribunal's order citing her right of
residence under Protection of Women from Domestic Violence Act. The HC had
ordered the elderly couple's son to provide alternative accommodation to his
wife and two children but waived off the maintenance liability. She has
challenged the HC order before the SC.
The bench directed listing of her petition on
Thursday and directed the Registry to provide video conference links to her
parents-in-law. Justice Nagarathna was vocal about the woman's right of
residence in a shared household during the hearing and cited her own judgment
of May 12 pegging a milestone in this regard.