Under Domestic Violence Act Can Divorced Wife Claim Right To Residence. The Supreme Court in an ongoing judgment [Satish Chander Ahuja versus Sneha Ahuja] held that a woman can guarantee the privilege of the living arrangement in the houses claimed by family members also.
The Supreme Court offered a ray of hope to victims of domestic violence when it gave an order recently which dealt with questions of law pertaining to the interpretation and working of the Protection of Women from Domestic Violence Act, 2005.
In a 150-page judgment, the Supreme Court has ruled that the wife has the right of residence in the shared family property and not just in the separate property of the husband. This is a verdict under the Domestic Violence Act.
Delhi High Court dismissed the petition filed by a woman challenging the order of the trial court which had denied custody of her three minor children while stating that remedy of appeal is available under section 29 of the Protection of Women from Domestic Violence Act, 2005.
A bench of Justice A. M. Khanwilkar and Justice S. Ravindra Bhat will hear the matter. The matter was listed previously on October 26, when, at the request of Senior Advocate Aryama Sundaram for the petitioners, the matter was adjourned for three weeks.