The right of a woman to live in the matrimonial home includes a safe and healthy life-- Delhi high court

The Delhi High Court has observed that the right to reside in a shared household under the Protection of Women from Domestic Violence Act includes the right to lead a safe and healthy life.Depriving the woman of a safe and healthy life while living in a shared household is in violation of the provisions of the Domestic Violence Act.                                                                                            The High Court made this remark during the hearing of a petition filed against the order of the lower court.The lower court had refused to grant any relief to the woman for her allegations of domestic violence by her husband and mother-in-law The woman alleged that her husband and mother-in-law used to feed 10 stray dogs in the shared house to harass and mentally torture her.The woman also showed photographs to corroborate her allegations. In the photographs, her husband and mother-in-law can be seen with several dogs in the house.                                                                                        Justice Tushar Rao Gedela  issued notice to the woman's husband and mother-in-law on her plea saying that the right to live in a shared household includes the right to live a safe and healthy life under the provisions of the Protection of Women from Domestic Violence Act.He said that this court needs to intervene to protect the right of women to live a safe and healthy life.                                                                         The woman had alleged that the respondent had violated her right to life and right to health as the respondent's act put her at risk of contracting diseases.                               In the lower court, the woman had alleged that her fundamental rights were being violated by her husband and mother-in-law.The lower court, while disposing of the woman's petition, had said that no case of harassment and harassment was made out against her husband and mother-in-law.Commenting on the decision of the lower court, the High Court has said that the lower court should have considered balancing the equality between the parties prima facie.                          The court granted 4 weeks time to the respondent to respond to the notice and listed the matter for further hearing on May 22.