The Delhi High Court in
Kavita Dass Vs NCT of Delhi & Another24 , held that a woman can
never be charged with trespass if she insists on staying with her husband in a
house taken on rent.
In the above case the wife
had sought to quash FIR registered for criminal trespass. The Delhi High Court
observed:
The legally wedded wife has
a right to live with the husband, whether he lives in an ancestral house or own
acquired house or rented house. If the husband does not allow the aggrieved
wife, then by taking shelter of the Court under the provisions of the
Protection of Women from Domestic Violence Act, the Magistrate may pass the
order so that she may enter to the house or she would not be thrown out of the
house of his husband without due process of law. The wife cannot be
directed to vacate the house without due process of law.
The High Court in the above
matter, quashed the FIR registered under section 448 of the Indian Penal Code,
1860 and all the emanating proceedings therefrom.
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Prepared
by: S. Hemanth
Advocate
at Hemanth & Associates
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