2 days ago
In-laws can't evict widow from husband's home, rules Kerala High Court
The Kerala High Court ruled that a woman cannot be evicted from her matrimonial home, even after her husband's court was hearing a case where a 41-year-old woman had accused her in-laws of trying to force her and her children out of the house she shared with her late woman had approached the Sessions Court in Palakkad under the Protection of Women from Domestic Violence Act, 2005. The court ruled in her favour, overturning an earlier order by a magistrate that had dismissed her plea. Her in-laws then challenged the Sessions Court's decision in the High
However, the High Court dismissed their petition. Justice MB Snehalatha said that under Section 17 of the Domestic Violence Act, every woman in a domestic relationship has the right to live in the shared household, regardless of whether she owns it or has any legal claim to in-laws argued that she owned another property and had not lived in the house after her husband's death. They also said there was no domestic relationship anymore, and that the DV Act should not apply to the court said the evidence showed that the in-laws had committed acts of domestic violence by trying to evict her and her children. It ruled that the Sessions Court was right in granting protection to the court called the Domestic Violence Act a landmark law meant to protect women and upheld her right to live in her matrimonial
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