On Monday, the Supreme Court ruled that women have the right to live in both their parents’ and in-laws’ homes. The court emphasized that a woman cannot be evicted simply because she is not liked by others.
This decision was made by a bench of Justices Ajay Rastogi and B.V. Nagarathna while hearing an appeal from a woman against a Bombay High Court order. The High Court had directed her and her husband to leave her father-in-law’s house. Her father-in-law had previously requested exclusive rights to his flat under the Maintenance and Welfare of Parents and Senior Citizens Act.
Initially, a tribunal had ordered the woman to vacate her father-in-law’s flat and directed her and her husband to pay Rs 25,000 per month in maintenance to the elderly couple. In response, she filed a petition, citing her right to reside under the Protection of Women from Domestic Violence Act. The High Court then instructed her husband to provide alternative accommodation for her and their two children, while waiving the maintenance payment. The woman challenged this order in the Supreme Court.
The Supreme Court bench scheduled a hearing for her petition on Thursday and instructed the Registry to provide video conferencing access to her in-laws.
Justice Nagarathna stated, “A woman in a domestic relationship, even if not subjected to domestic violence, has the right to live in a shared household. This includes mothers, daughters, sisters, wives, mothers-in-law, and daughters-in-law.” She further explained that these rights are protected under Section 17(1) of the Protection of Women from Domestic Violence Act, and women cannot be evicted from their homes, even in the absence of domestic violence.
The bench emphasized the importance of a woman’s right to reside in a shared household within the Indian context, highlighting that many women in India are neither financially independent nor educated enough to live on their own. For emotional and financial reasons, they rely on their family members for support and housing.
Justice Nagarathna remarked, “Forcing a woman out of her home simply because she is disliked will not be tolerated by this court. Such actions damage families and contribute to the breakdown of relationships.”
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