The Kerala High Court has delivered a significant judgment, reinforcing the rights of women in matrimonial homes, even after the death of their husbands. Justice M.B. Snehalatha presided over the case, emphasizing that a widow cannot be evicted from her matrimonial home by her in-laws. This ruling is rooted in the Protection of Women from Domestic Violence Act, 2005 (DV Act), underscoring the judiciary's commitment to safeguarding women's dignity, security, and right to residence.
The case arose from a criminal revision petition filed by a widow seeking protection under the DV Act after her in-laws attempted to evict her following her husband's death. The High Court overturned a lower court's decision that had rejected her application based on the argument that the domestic relationship ceased to exist after her husband passed away. The High Court clarified that the death of the husband does not dissolve the matrimonial bond for the purpose of residence rights under the DV Act.
The court emphasized that the widow is an "aggrieved person" as defined under Section 2(a) of the DV Act and remains in a domestic relationship with her in-laws as defined in Section 2(f). It was noted that the house in question was indeed her matrimonial home, where she had resided with her husband and children after marriage. Evidence presented showed that the in-laws had attempted to oust her from the shared household after her husband's death in 2009, obstructing her peaceful residence.
A key aspect of the ruling highlights Section 17 of the DV Act, which guarantees every woman in a domestic relationship the right to reside in the shared household, irrespective of her legal ownership or title to the property. The court underscored that this provision was introduced to prevent the displacement and dispossession of women from their marital homes, recognizing shelter and security as fundamental to a woman's dignity.
The High Court also referenced the Supreme Court's judgments in Satish Chander Ahuja v. Sneha Ahuja (2020) and Bina Modi v. Charu Modi (2021), which clarified that a wife's right to reside in a shared household exists independently of ownership and cannot be thwarted by technicalities or strained family relations. The current ruling aligns with these precedents, reinforcing the principle that residence is a right, not a favor, and in-laws cannot arbitrarily evict a widow.
This judgment offers significant relief to countless widows who face the threat of eviction and ensures their legal protection under Indian law. It reaffirms that protection under the DV Act survives even after the husband's death, providing a crucial safeguard for women who are often among the most marginalized members of society. The ruling reinforces the importance of the DV Act as a progressive, rights-based legislation aimed at addressing domestic violence against women and promoting gender justice and human dignity.
