Woman has right of residence where husband lives: HC - Indian Express
Granting supremacy to the right of residence of women under the Protection of Women from Domestic Violence Act, the Delhi High Court has held that a woman can never be charged with trespass if she insists on staying with her husband in a house taken on rent. Coming to the rescue of a woman against whom an FIR for trespass was lodged on the directives of trial courts, Justice Suresh Kait said that prosecuting a woman for attempting to reside with her husband in the same house would defeat the objectives of the law. “In my opinion, the court cannot ask the aggrieved person to vacate the house, although the house may be on rent. She also cannot be directed to vacate the house without due process of law. The second direction of the (trial) court to register a case against the aggrieved person on not vacating the house of her husband is not only bad in law but is also against the mandate of the Act,” he said. Justice Suresh Kait noted that a woman’s right to reside with her husband...
