Woman can't be evicted from hubby's house on mere allegations

A woman cannot be denied her right to residence in the house of her in-laws or husband, under the law against domestic violence, on mere allegation that she is having an extra-marital affair, a Delhi court has observed.

"Simply because petition for divorce is filed by one against the spouse and the husband alleges that his wife has relations with another person, the wife does not become disentitled to right of residence, when such allegation is yet to be established," Additional Sessions Judge Narinder Kumar said.

The court made the observation while securing the right of residence of a woman, working in a private university, in her husband's rented accommodation. It found no merit in the man's contention that his wife had no right to live in the property owned by his grandfather where they stayed after marriage as he has already filed a divorce petition against her as she was allegedly having an affair with another man.

The court made the observation while hearing central Delhi resident Yash Kapoor's petition against a magisterial court order.

The magisterial court, on the woman's plea under the Protection of Women from Domestic Violence Act, had granted her right of residence in their matrimonial house, owned by Yash's grandfather.

Due to strained relations between Yash and his wife, his grandfather, however, had allegedly asked him to vacate his premises, following which Yash began living in a rented accommodation.

While hearing Yash's appeal against the magisterial court ruling for grant of right of residence to his wife in his grandfather's house, ASJ Kumar ruled that the woman was entitled to live with her husband in his rented accommodation as her husband had no share in his grandfather's property.