Preti Majumder, School of Law, CHRIST (Deemed to be University), Bangalore
I. ABSTRACT
Over the past few decades, the violence against women in the domestic setting has been on the rise. In India, according to National Family Health Survey1, 30% of women has experienced domestic violence at least once from when they were aged 15, and round 4% of pregnant women have experienced spousal violence. The enactment of the Protection of Women from Domestic Violence Act, 2005, emerged as a beacon of hope for victims of such violence. However, the court struggled to realise the Act’s primary objective, this limitation was apparent in the judgement of S.R Batra (2007)2, where the Supreme Court construed certain sections of the Act very narrowly. On October, 2020, a three-judge bench, overturned the Apex court’s previous decision, in the landmark judgment of Satish Chander Ahuja v. Sneha Ahuja3. It was held that a wife is also entitled to residence in a shared household defined in section 2(s) of the enactment, belonging to the relatives of the husband.
This comment aims to elucidate the ramifications of the said judgement on the legal framework concerning the protection of women from violence within the domestic sphere. By delving into the intricacies of this landmark decision, the author seeks to offer a comprehensive assessment of its impact and significance in advancing the rights and safeguards afforded to women facing domestic violence.
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