Right to safe and healthy living part of matrimonial home rights under domestic violence law: Delhi HC

New Delhi, April 5 (IANS) The Delhi High Court has ruled that the right to residence in a matrimonial home under the law against domestic violence includes the right to safe and healthy living.

The decision came on a petition by a woman who alleged harassment by her husband and mother-in-law.

According to the woman’s allegations, her husband and mother-in-law deliberately fed 10 street dogs in their shared home in order to harass and mentally torture her.

Justice Tushar Rao Gedela acknowledged that the Protection of Women from Domestic Violence Act, 2005, encompasses the right to safe and healthy living as part of the right to reside in a matrimonial home.

In the order passed last month, she also noted that the lower court should have initially considered the equitable balance between the parties. The judge also directed the husband and mother-in-law to file their reply to the woman’s plea within four weeks, while listing the case for further hearing in May.

The petitioner’s counsel stated that there was an acrimonious relationship between the petitioner and her husband and mother-in-law.

Earlier in the lower court, the woman argued that her fundamental rights were being violated by her husband and mother-in-law, who were feeding 10 street dogs in their shared household.

The woman claimed that this was being done with the intention of causing her mental harassment and torture.

Counsel representing the woman had argued that this act violated her right to life and right to health, as it posed the risk of diseases and nuisance. The counsel also presented photographs of the dogs being kept in the house as evidence of the harassment.

–IANS
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New Delhi, April 5 (IANS) The Delhi High Court has ruled that the right to residence in a matrimonial home under the law against domestic violence includes the right to safe and healthy living.The decision came on a petition by a woman who alleged harassment by her husband and mother-in-law.According to the woman’s allegations, her husband and mother-in-law deliberately fed 10 street dogs in their shared home in order to harass and mentally torture her.Justice Tushar Rao Gedela acknowledged that the Protection of Women from Domestic Violence Act, 2005, encompasses the right to safe and healthy living as part of the right to reside in a matrimonial home.In the order passed last month, she also noted that the lower court should have initially considered the equitable balance between the parties. The judge also directed the husband and mother-in-law to file their reply to the woman’s plea within four weeks, while listing the case for further hearing in May.The petitioner’s counsel stated that there was an acrimonious relationship between the petitioner and her husband and mother-in-law.Earlier in the lower court, the woman argued that her fundamental rights were being violated by her husband and mother-in-law, who were feeding 10 street dogs in their shared household.The woman claimed that this was being done with the intention of causing her mental harassment and torture.Counsel representing the woman had argued that this act violated her right to life and right to health, as it posed the risk of diseases and nuisance. The counsel also presented photographs of the dogs being kept in the house as evidence of the harassment.–IANSspr/vd