In the matter of Niharika Ghosh vs Shankar Ghosh Delhi High Court observed
that the right to residence in a matrimonial home under the provisions of Protection
of Women from Domestic Violence Act also includes the right to safe and healthy
living.
Justice Tushar Rao Gedela while hearing said matrimonial dispute quoted that
“It goes without saying that the right to residence in a matrimonial
home, under the provisions of the Protection of Women from
Domestic Violence Act, 2005, also would subsume within itself, the
definition of “right to safe and healthy living” too. Hence,
requiring interference by this Court,”
Observation of the Court :
Court observed that there was no prima facie case of harassment and
torture made out against her husband and in-laws.
The wife submitted that the trial court had overlooked the fact that her husband and
in-laws had been feeding street dogs in the shared household in violation of her
fundamental rights as their presence in the house would ultimately cause a number
of diseases and nuisance to her.
Considering the trial court’s order, Justice Gedela opined that the first appellate
court ought to have considered balancing equities between the parties especially
keeping in view their relationship