- In a historic decision, the Kerala High Court upholds widows' rights to live in their homes under the Domestic Violence Act of 2005
- After her husband passes away, a wife cannot be forced to leave her marital residence, according to Justice MB Snehalatha
The Kerala High Court affirmed in a significant decision in favor of women's rights that a woman cannot be forced to leave her married home, even if her husband has passed away. According to the Protection of Women from Domestic Violence Act, 2005 (DV Act), a woman has the right to live in the shared household regardless of who owns the property, according to a ruling by Justice M.B. Snehalatha.
The court emphasized that this DV Act provision shields women from being uprooted or left homeless following domestic violence. It underlined that a woman's right to shelter is essential to her safety and dignity, enhancing her social status and the welfare of her family.
The decision was made in response to a widow from Palakkad who said her in-laws were attempting to evict her and her kids from the house she had previously shared with her late husband. The in-laws denied the charges, arguing that since she had been living with her parents since her husband's passing, she no longer had a "domestic relationship" with them. Additionally, they contended that she did not qualify as an "aggrieved person" under the DV Act.
The session’s court overturned the magistrate's initial decision against the woman, concluding that her in-laws had attempted to evict her in violation of domestic violence laws. The in-laws were ordered by the session’s court to allow her to live in the house.
Citing Section 17 of the DV Act, which grants all women in domestic relationships the right to live in the shared household, the High Court upheld the sessions court's ruling. The court also cited the Supreme Court's 2022 decision in Prabha Tyagi v. Kamlesh Devi, which held that a woman can still receive protection under the DV Act even if she does not live with the alleged abusers at the time of seeking relief.
The Kerala High Court rejected the in-laws' petition and reaffirmed that the DV Act's commitment to gender justice and human dignity includes a woman's right to reside.
