The Delhi High Court in the case NG v. SG and Anr observed that the right to residence in a matrimonial home also include the right for safe and healthy living under the provisions of Protection of Women from Domestic Violence Act, 2005.
The bench headed by Justice Tushar Rao Gedela in the case observed while issuing notice on a wife’s plea challenging the order passed by the First Appellate Court in a civil case which relates to the matrimonial dispute.
The court stated that the same goes without saying that the right to residence in a matrimonial home, which being under the provision of the Protection of Women from Domestic Violence Act, 2005, the same would also subsume within itself and also withing the definition of right to safe and for an healthy living.
In the present case, the wife had challenged the order passed on February 07 wherein the appeal of wife under Order XLIII Rule 1 (r) of Code of Civil Procedure was dismissed by the First Appellate Court.
The Trial Court in the case observed while disposing of the interim application of Wife that there being no prima facie case of torture and harassment made out in favour of wife and against her husband and in laws.
Further, the counsel appearing submitted while challenging the order before First Appellate Court that the trial court overlooked the fact that the husband and in laws had been feeding street dogs in the shared household which being in the violation of her fundamental rights, which includes the right to life and right to health.
It has also been submitted before the court that the trial court has failed in order to consider the fact that keeping the street dogs in the house would ultimately result in causing number of diseases and the nuisance to the wife.
The bench of Justice Gedela in the case observed that the First Appellate Court ought to have considered wherein balancing equities between the parties, especially, the court while keeping in the view the inter se relationship.
Accordingly, the court listed the matter to be next heard on May 22, 2023.
