New Delhi, Jul 23 (PTI) A Delhi court has dismissed a wife’s plea in a matrimonial case saying a woman’s right to reside in a shared household has to be balanced with the rights of senior citizens.
The woman was seeking to continue living in a shared household with her parents-in-law.
Judicial magistrate Anam Rais Khan was hearing two counter applications filed under the Protection of Women from Domestic Violence Act provisions.
In the first plea, the woman sought directions to her estranged husband and her parents-in-law not to dispossess her from the shared household.
The second application was filed by the husband and his parents who sought directions to the woman to shift to an alternate accommodation.
In an order on June 4, made available recently, the court observed the in-laws were senior citizens suffering from medical ailments whereas the woman’s minor daughter was suffering from obsessive-compulsive disorder.
“There are three vulnerable groups residing in the same shared household, i.e., senior citizens, a minor, and a woman who is aggrieved in the present petition, with admittedly a strained relationship amongst them,” the court said.
The judge said the rights of each vulnerable group were protected under different laws, and the court was under a solemn duty to balance their interests by devising a conducive arrangement.
The order underlined the occurrence of daily squabbles between the parties on trivial issues besides multiple cases against each other, implying a frictional relationship.
“The pleadings reflect a deep sense of animosity between the parties and an irreparable breakdown of familial ties,” the court said.
The magistrate said, “The right of a woman to reside in a shared household has to be balanced with the rights of senior citizens and requires courts to adopt a nuanced approach, prioritising peaceful co-existence where possible.” Referring to case laws, the court noted a woman’s right to reside in a shared household was not absolute, and it had to be weighed against the rights of senior citizens.
“These decisions (of superior courts) indicate that although the DV Act serves to protect women’s rights in domestic environments, these rights may be subject to reasonable restrictions to uphold the dignity and peace of senior citizens,” it added.
Continuing to reside together in the shared household, the verdict held, would magnify the existing disputes and would result in increasing litigation between the parties.
“Hence, as an interim measure, to bring a quietus to the disputes between the parties and maintain safety and peace in their lives, it is deemed appropriate that they are directed to reside in separate accommodations during the pendency of the present proceedings,” the order said.
The judge directed the husband to arrange an alternate accommodation of the same standards for his estranged wife and minor daughter in the same locality and pay the rent apart from moving expenses.
The magistrate quoted Sahir Ludhianvi’s poem and said, “If an acquaintance becomes an ailment, it is best forgotten; if a relationship becomes a burden, it is best broken; a story that cannot be taken to its logical conclusion is best given a beautiful tinge and then left alone.” PTI MNR MNR AMK AMK
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