The Delhi High Court recently observed that the right to reside in a matrimonial home under the provisions of the Protection of Women from Domestic Violence Act also includes the right to safe and healthy living conditions.
A single bench of Justice Tushar Rao Gedela made the observation while hearing a matrimonial dispute between Niharika Ghosh and Shankar Ghosh.
“It goes without saying that the right to residence in a matrimonial home, under the provisions of the Protection of Women from Domestic Violence Act, 2005, also would subsume within itself, the definition of “right to safe and healthy living” too. Hence, requiring interference by this Court,” the bench stated.
The trial court, in dismissing the wife’s application for interim relief, stated that there was no prima facie case of harassment and torture made out against her husband and in-laws.
Advocate Om Prakash Gulabani argued that the trial court ignored the fact that her husband and in-laws had been feeding street dogs in the shared household, which was a violation of her fundamental rights because their presence in the house would eventually cause a number of diseases and nuisance to her.
In light of the trial court’s decision, Justice Gedela concluded that the first appellate court should have considered balancing equities between the parties, particularly given their relationship.
“Issue notice. Upon petitioner taking steps within a week, notice may be served through all permissible modes. Additionally, through learned counsel appearing for the respondents before the learned Trial Court. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter,” the single bench ordered.
The matter is scheduled for further consideration on 22nd May, 2023.
