Recently, in the matter of  Harvinder Kaur vs. State of Haryana and others, the High Court of Punjab and Haryana noted that even after having quality education and understanding of human relationships, still women in this country are subjected to domestic violence irrespective of age, caste, or religion.

The bench of Justice Alok Jain of Punjab and Haryana High Court stated thus as it held that a complaint filed by a woman under the Protection of Women from Domestic Violence Act 2005 is maintainable against her mother-in-law as well in a shared household. The Court rejected a plea filed by Harvinder Kaur against an order passed by the Judicial Magistrate First Class, Gurugram in January allowing her estranged daughter-in-law to reside in the house owned by her. 

Case Brief:

In the said matter, the Couple got married and a son was born out of the wedlock. The Son is a Special Child and needs extra care and attention. Now, due to the matrimonial discord, respondents nos. 2 (estranged daughter-in-law) & 3 (son) instituted a complaint in 2019 under various provisions of law and also under Section 23 of the Domestic Violence Act, for claim and relief of interim maintenance.

In this complaint, the petitioner and her son were added as party respondents. 

Currently, her husband and mother-in-law categorically undertook to take the wife/daughter-in-law and her son to the shared household. The husband also undertook to pay an amount of Rs. 10 Lakhs, but later, he failed to pay the said amount.

They both also defaulted in taking the daughter-in-law to the shared household and thus, the daughter-in-law moved an application before the Judicial Magistrate First Class, Gurugram, wherein she was allowed to reside in the shared household.

After a complete Examination, the Court noted that the objective of the Domestic Violence Act is to give protection to the Wife or a living partner from her Husband or Partner respectively. The Court further observed that the 2006 Act gives a right to the victimized woman to reside in the matrimonial or shared household, whether or not she or her husband/ male live-in partner has any right, title, or interest in the property.

"The said right is only qua residency and not the title. The purpose of this protection is apparently only to safeguard the life and liberty of the victim from domestic violence," the Court added.