The Delhi High Court has stated that as per the Protection of Women from Domestic Violence Act, 2005, the right to reside in a matrimonial home includes the right to live in a secure and healthy environment. In response to a wife’s plea challenging a First Appellate Court order in a matrimonial dispute, Justice Tushar Rao Gedela has issued a notice. Therefore, he concluded that intervention from the Court is necessary.
The wife had filed a challenge against the February 7 order, in which her appeal under Order XLIII Rule 1 (r) of the Code of Civil Procedure was rejected by the First Appellate Court. The trial court had dismissed her interim application, stating that there was no clear evidence of harassment and torture in her favour and against her husband and in-laws. The wife’s counsel argued that the trial court had ignored the fact that the husband and in-laws were feeding street dogs in their shared residence, which violated her fundamental rights.
It was argued that the trial court had neglected the potential health hazards and nuisance that keeping street dogs in the house could cause to the wife. Justice Gedela noted that the First Appellate Court should have considered balancing the interests of both parties, taking into account their relationship. The court has issued a notice and has requested a reply within four weeks, with a rejoinder to be filed four weeks thereafter. The case has been scheduled for further hearing on May 22.
Source: https://www.livelaw.in/news-updates/delhi-high-court-right-to-residence-matrimonial-home-right-to-safe-and-healthy-living-225522
