The High Court said under Domestic Violence Act the woman is entitled to live in her in-laws house. However the woman has now full right to live in her in-laws home. This right is distinct from any right that is arising under Hindu Marriage Act that deals with the restoration of material rights.
Justice Chandradhari Singh dismissed a petition filed by a couple challenging the order of the Additional Sessions Judge. The petition said that initially his daughter-in-law had cordial relations with the in-laws. However, over time it began to deteriorate.
The woman left her in-laws house on 16 September 2011. The petitioner said that more than 60 civil and criminal cases were filed between the two parties against each other. One of these cases was under the Protection of Women from Domestic Violence Act, 2005 by the wife and during the course of the proceedings the respondent had claimed the right of residence in the property concerned. The Metropolitan Magistrate accepted the petition of the woman and held that the wife is entitled to the right of residence on the first floor of the said property.