During a recent hearing of a matrimonial dispute, Justice Tushar Rao Gedela expressed his view that the first appellate court should have taken into account the need for a fair balance between the parties involved. The Delhi High Court made an observation last month stating that the right to reside in the matrimonial home as provided by the Protection of Women from Domestic Violence Act also involves the right to live in a living space that ensures the safety and good health. Justice Tushar Rao Gedela, who was involved in the earlier case, stated that the right to reside in a matrimonial home includes the right to a safe and healthy living environment, and therefore requires the intervention of the court.
The woman had applied for interim relief, but the trial court rejected it by stating that there was insufficient evidence to support her claim of harassment and torture by her husband and in-laws. However, the woman argued that the court failed to take into account that her husband and in-laws were feeding street dogs in their shared household, which violated her fundamental rights and could cause diseases and nuisance. Justice Gedela, considering the trial court’s order, expressed that the first appellate court should have taken into account the relationship between the parties and balanced their interests.
The court ordered that a notice should be issued and served to the respondents in all permissible ways, including through their counsel. The petitioner was given a week to initiate this process. The respondents were then instructed to file their reply within four weeks, and the petitioner was given another four weeks to file a rejoinder, if necessary.
Source: https://www.barandbench.com/news/right-to-residence-matrimonial-home-includes-right-safe-healthy-living-delhi-high-court