Whether woman can claim relief against her in laws even if she has never resided with them?

 (ii) Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levied at the point of commission of violence?

It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence. If a woman has the right to reside in the shared household Under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 511 of 2022

Decided On: 12.05.2022

Prabha Tyagi Vs. Kamlesh Devi

Hon'ble Judges/Coram:

M.R. Shah and B.V. Nagarathna, JJ.

Author:B.V. Nagarathna, J.

Citation: MANU/SC/0631/2022,2022/INSC/563.

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