On Monday, the Supreme Court of India reinforced that a woman has the right to live in her parents’ or in-laws’ house and cannot be evicted simply because someone cannot tolerate her presence.
This judgment was delivered by a bench comprising Justices Ajay Rastogi and B.V. Nagarathna while addressing a case where a woman challenged a Bombay High Court order. The High Court had directed the woman and her husband to vacate her father-in-law’s house, following a tribunal’s ruling under the Maintenance and Welfare of Parents and Senior Citizens Act.
The tribunal had previously ordered the couple to vacate the flat and pay Rs. 25,000 monthly maintenance to the elderly couple. The woman argued against this order, citing her right of residence under the Protection of Women from Domestic Violence Act. The High Court had exempted the husband from paying maintenance but ordered alternative accommodation for the woman and her children. Dissatisfied, she appealed the decision to the Supreme Court.
Justice Nagarathna highlighted the importance of a woman’s right to reside in a shared household, stating:
“A woman in a domestic relationship, even if not subjected to domestic violence, has the right to live in a shared household. This applies to mothers, daughters, sisters, wives, mothers-in-law, daughters-in-law, and other women in domestic relationships.”
She further explained that this right is guaranteed under Section 17(1) of the Protection of Women from Domestic Violence Act. It protects women from being evicted or excluded from a household, even if they do not have ownership rights or financial stakes in the property.
The bench stressed that in India’s societal context, many women lack financial independence and rely on shared households for emotional and residential support. Justice Nagarathna remarked:
“Most women in India are not financially independent and rely on male or female family members for their residence. Evicting a woman due to disagreements only fractures families.”
The court condemned the growing trend of forcing women out of their homes due to domestic disputes, stating:
“Evicting women from their homes due to personal dislike or family conflicts will not be tolerated by this court. Such attitudes weaken familial bonds and undermine women’s rights.”
The bench adjourned the petition to Thursday and instructed the registry to provide video conferencing links to the parents-in-law involved in the case.
Summary of Case:
The Supreme Court reinforced women’s legal and societal rights to reside in their homes, whether in their parental or marital households, rejecting practices of eviction due to personal disputes.
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