Passage 1:
The Supreme Court in a recent judgment [Satish Chander Ahuja vs. Sneha Ahuja] held that a woman can claim the right to residence in the houses owned by relatives as well. This means that she can seek residence order with respect to property that belongs to in-laws if she and her husband lived there with some permanency after marriage. "Shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
Section 19 of the DV Act confers a woman the right to reside in a shared household. "Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same." Section 12 enables an aggrieved person to present an application to the Magistrate seeking one or more reliefs under this Act. Section 19 empowers the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order. Residence orders can be any of the following kind: (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or (f) directing the respondent to secure the same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require.
A and B are married for 8 years. A, the wife of B was having an extra-marital affair with X. When B came to know about it, he filed for divorce on grounds of cheating. When the petition was pending, A claimed residence. Will the court allow it?
Yes, the court will allow it because Section 19 of the DV Act confers a woman the right to reside in a shared household.
No, the Court will not allow because wife is not the aggrieved person
No, the Court will not allow because wife is having an extra-marital and this is the reason for divorce
Yes, the court will allow it because right to residence can be claimed during divorce.
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