Published on: October 23, 2023 at 16:07 IST
Court: Supreme Court of India
Citation: Prabha Tyagi V. Kamlesh Devi (2022)
Honourable Supreme Court of India has held that there is distinction between sub-sections (1) and (2) of Section 17 of the Protection of Women from Domestic Violence, 2005. It is held that sub-section (2) deals with an aggrieved person which is defined in Section 2(a) of the DV Act in the context of domestic violence, sub-section (1) of Section 17 is a right conferred on every woman in a domestic relationship irrespective of whether she is an aggrieved person or not.
It is held that every woman in a domestic relationship has a right to reside in the shared household even in the absence of any act of domestic violence by the respondent.
37. While the object and purpose of the DV Act is to protect a woman from domestic violence, the salutary object of sub-section (1) of Section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared household. Hence, the said provision commences with a non obstante clause.
39. As already noted, a domestic relationship means a relationship between two persons who live or have at any point of time, lived together in a shared household. The relationship may be by : (i) consanguinity, (ii) marriage or, (iii) through a relationship in the nature of a marriage, (iv) adoption or (v) are family members living together as a joint family.
The expression “domestic relationship” is a comprehensive one. Hence, every woman in a domestic relationship in whatever manner the said relationship may be founded as stated above has a right to reside in a shared household, whether or not she has any right, title or beneficial interest in the same. Thus, a daughter, sister, wife, mother, grandmother or great grandmother, daughter-in-law, mother-in-law or any woman having a relationship in the nature of marriage, an adopted daughter or any member of joint family has the right to reside in a shared household.
Drafted By Abhijit Mishra