WIFE RIGHT TO RESIDE WITH HER HUSBAND UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT

The Delhi High Court in Kavita Dass Vs NCT of Delhi & Another(24), held that a woman can never be charged with trespass if she insists on staying with her husband in a house taken on rent.

In the above case the wife had sought to quash FIR registered for criminal trespass. The Delhi High Court observed:

The legally wedded wife has a right to live with the husband, whether he lives in an ancestral house or own acquired house or rented house. If the husband does not allow the aggrieved wife, then by taking shelter of the Court under the provisions of the Protection of Women from Domestic Violence Act, the Magistrate may pass the order so that she may enter to the house or she would not be thrown out of the house of his husband without due process of law.  The wife cannot be directed to vacate the house without due process of law.

The High Court in the above matter, quashed the FIR registered under section 448 of the Indian Penal Code, 1860 and all the emanating proceedings therefrom. 

Prepared by: S. Hemanth

Advocate at Hemanth & Associates