The Kerala High Court affirms that a widow cannot be evicted from her matrimonial home by in-laws, citing Section 17 of the Domestic Violence Act. Learn more about this landmark ruling.

Landmark Judgment Protects Widow’s Right to Residence

In a significant ruling, the Kerala High Court declared that a widow cannot be evicted from her matrimonial home, even after the death of her husband. The case involved a 41-year-old woman who filed a complaint alleging that her in-laws were attempting to remove her and her children from the house she once shared with her late husband.

Legal Protection Under the Domestic Violence Act

The woman sought legal relief from the Sessions Court of Palakkad under the Protection of Women from Domestic Violence Act, 2005. Initially, her plea was dismissed by a magistrate, but the Sessions Court overturned the decision, granting her protection and the right to remain in the residence.

High Court Dismisses In-Laws’ Petition

The in-laws challenged the Sessions Court’s verdict, bringing the case to the High Court. However, the petition was dismissed. Justice M.B. Snehalatha emphasized that, under Section 17 of the Domestic Violence Act, every woman in a domestic relationship has the legal right to reside in the shared household, regardless of legal ownership or title.

Arguments by In-Laws Rejected

The in-laws argued that the woman owned another property and no longer resided in the house after her husband’s death, thereby nullifying the domestic relationship. They contended that the provisions of the Domestic Violence Act should not apply to their situation.

However, the court found sufficient evidence that the in-laws were attempting to forcibly evict the woman and her children, constituting an act of domestic violence under the law.

Court Reaffirms the Objective of the Domestic Violence Act

In its final observation, the court reaffirmed that the Domestic Violence Act is a landmark legislation crafted to protect the rights and dignity of women in domestic relationships. The court upheld the Sessions Court’s order and confirmed the woman’s right to live in her marital home.