Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?

The Supreme Court in a recent judgment [Satish Chander Ahuja vs. Sneha Ahuja] held that a woman can claim right to residence in the houses owned by relatives as well. This means that, she can seek residence order with respect to property which belongs to in-laws, if she and her husband lived there with some permanency after marriage.What happens after divorce of a married couple? Can a woman file a domestic violence complaint after divorce? Can she seek residence order even after the marriage is dissolved? These are some of the doubts which have arisen after the Supreme Court delivered this judgment.As per the definition clause in the DV Act, "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. Further, "domestic relationship" is defined to mean a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family; "Shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household. This definition was interpreted in the Ahuja judgment by overruling restrictive interpretation in SR Batra vs. Taruna Batra (2007) 3 SCC 169.Section 19 confers a woman the right to reside in a shared household. "Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same." Section 12 enables an aggrieved person to present an application to the Magistrate seeking one or more reliefs under this Act. Section 19 empowers the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order. Residence orders can be any of the following kind: (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or (f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require.There are divergent views expressed by High Courts on the issue whether a woman can file a complaint under Domestic Violence Act after divorce. Most of them refer to following two Supreme Court judgments in this regard.Subsequent Divorce Will Not Deny Benefit To Which Aggrieved Person Is Entitled: SC In Juveria CaseIn Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori [2014(10) SCC 736] , the Supreme Court was examining the correctness of an order of Sessions Court which dismissed an application filed under the Domestic Violence Act as not maintainable. Examining the provisions of the Act, the court held that an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief under Section 20, Child Custody under Section 21, Compensation under Section 22 and interim or ex parte order under Section 23 of the Domestic Violence Act, 2005.In the above judgment, the Court had also noticed its earlier decision in Inderjit Singh Grewal vs. State of Punjab and another, (2011) 12 SCC 588. In that case, the Supreme Court had held that 'Application to Magistrate" under the Domestic Violence Act challenging a 'sham' divorce was not maintainable. The court had quashed the complaint filed by the wife. In Juveria, the court said that the law laid down in...

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?

Ashok Kini

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Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?

Ashok Kini

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