The Delhi High Court has said that the right to residence in a matrimonial home for a woman includes the right to safe and healthy living as well.
It was hearing an appeal from a woman who had claimed protection under anti-domestic violence law since her husband and her in-laws were feeding stray dogs inside the house.
Justice Tushar Rao Gedela,while issuing notice on a plea filed challenging the order passed by the First Appellate Court in a civil case relating to matrimonial dispute, said that it goes without saying that the right to residence in a matrimonial home, under the provisions of the Protection of Women Domestic Violence Act, 2005, would also subsume within itself, the right to safe and healthy living as well.
The order that the wife challenged was passed on February 07 wherein her appeal under Order XLIII Rule 1 (r) of Code of Civil Procedure was dismissed by the First Appellate Court.
The trial court, while disposing of the wife’s interim application, had observed that there was no prima facie case of harassment and torture made out in her favour and against her husband and in laws.
Challenging the order before First Appellate Court, her counsel submitted that the trial court overlooked the fact that the husband and in laws had been feeding street dogs in the shared household which is in violation of her fundamental rights, including right to life and right to health.
They also submitted that the trial court failed to consider the fact that keeping the street dogs in the house would ultimately cause a number of diseases and nuisance to the wife.
The Court while issuing order said that reply, if any, has to be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter, the court said while listing the matter for further hearing on May 22