No Eviction of Divorced Wife from Shared Household

Source: Kerala High Court 

Why in News? 

Recently, the Kerala High Court in the matter of Jayasree v. Indrapalan and Another has held that a woman sharing a household before or after divorce cannot be evicted from the household except in accordance with the procedure established by law. 

What was the Background of the Jayasree v Indrapalan and Another Case? 

• In this case, the petitioner was the wife of the respondent, having a minor child. 
  • The respondent filed for divorce on the grounds of desertion on 31st December 2022. 
• An appeal was filed by the petitioner in the Kerela High Court against the divorce order which was later dismissed by the court. 
• During the pendency of the appeal petitioner filed a petition in Magistrate court under Protection of Women & Domestic Violence Act, 2005 (DV) to prevent her eviction from the shared household. 
• The respondent contented to the petitioner that there was no shared household between them at any point of time. 
• Considering the contentions the magistrate ordered the eviction of the petitioner and ordered her to vacate the household within 1 month. 
• The petitioner then challenged the order in the Kerala High court referring to the landmark judgement of the Supreme Court Prabha Tyagi v. Kamlesh Devi (2022). 

What were the Court’s Observations? 

• The court observed that there should be existence of a domestic relationship before or during the pendency of the case resulting in domestic violence to fall under the purview of DV Act. 
• The court also clearly defined the meaning and scope of the terms ‘domestic relationship’ and ‘shared household’. 
• The Kerala High Court also defined the scope of ‘right to reside in a shared household’ where it was stated that right to reside can be claimed even when there was no actual residence thus, any women in a domestic relationship has the right to reside in a shared household. 
• It was observed by the court after referring to various judgements and definition of domestic relation that divorced woman do not subsist any domestic relation after divorce and cannot claim residence right based on previous domestic relationship. 

What Are the Important Provisions of the DV Act? 

Aggrieved Person 

• Section 2(a): Any woman who has been living in a domestic relationship and alleges to be victim of domestic violence. 

Domestic Relationship 

• Section2(f): It states that any relation of shared household with a woman through marriage, blood relation, invalid marriage, adopted child, are covered under shared household. 

Shared Household 

• Section 2(s): The place where an aggrieved person resides either with the husband or alone or the place from where she has been thrown out, is a shared household. 

Right to Reside 

• Section 17: This section states that every aggrieved woman has the right to reside in a shared household having domestic relationship except as procedure established by law. 

What are the Landmark Judgements Based on DV Act? 

• Prabha Tyagi v. Kamlesh Devi (2022): In this Supreme Court ruling it was held that to claim right to reside actual residence is not required if an aggrieved woman is in a domestic relationship with the person against whom the complaint has been filed is sufficient to claim this right. 
• Indra Sarma v. V.K.V. Sarma (2013): In this case domestic relationship interpreted in a broader way where it was held that mere characteristics of marriage would be sufficient to be called a domestic relationship. 
• Vandhana v. T. Shrikanth (2007): In this case the purview of the term shared household was increased by stating that the duration of living should not be considered while determine the right to live in a shared household even if a woman shared a household for one day she can claim under this right if she is in a domestic relationship.