In a significant judgment promoting women's right to shelter, the Kerala High Court declared that a wife cannot be evicted from her matrimonial home even after the death of her husband. The ruling was delivered by Justice M.B. Snehalatha in Crl. Rev. Pet. No. 286 of 2018, upholding the Sessions Court's order granting protection to the widow and her children under the Domestic Violence Act, 2005.
The petitioner, Meena, alleged that her in-laws had tried to oust her and her children from the shared household following her husband's death. The High Court noted that acts of domestic violence were committed by her in-laws, including obstruction to her peaceful residence.
“One of the most crucial, progressive and empowering features of DV Act is the right to reside in the shared household, irrespective of ownership or title. This provision ensures a woman is not displaced from her marital home due to abuse,”
— Justice M.B. Snehalatha
Despite claims by the in-laws that Meena had moved to her parental home and was therefore not an aggrieved person under the Act, the court firmly rejected this. The court highlighted that even without physical presence in the shared home at the time, her legal right to reside remains valid.
“The cause of action that she is being prevented from entering her shared household is true. Hence, the Sessions Judge rightly granted her relief under the DV Act,”
— Kerala High Court
The case stemmed from a petition Meena filed under Section 12 of the Domestic Violence Act. Initially dismissed by the Magistrate on grounds that she lacked a current domestic relationship, the Sessions Court reversed that order, acknowledging her right to protection.
The High Court emphasized the importance of Section 17 of the DV Act, which gives every woman in a domestic relationship the right to reside in the shared household, regardless of legal ownership.
The court also cited the Supreme Court’s decision in Prabha Tyagi v. Kamlesh Devi (2022):
“It is not mandatory for the aggrieved person to have lived with those she accuses at the time of seeking relief. Her right under Section 17(1) stands if she has ever lived in the shared household.”
Lastly, the Kerala High Court upheld the Sessions Court's ruling, affirming Meena’s right to live in her matrimonial home and preventing her in-laws from causing any further disturbance.
Case No: Crl. Rev. Pet. 286 of 2018
Case Title: Chenthamara @ Kannan and Others v Meena and Another