NEW DELHI, Feb 15 (UNI): In a landmark judgement, the Supreme Court has held that a deserted wife is entitled to live as a tenant in the house rented out to her husband.
A bench comprising Chief Justice R C Lahoti, Justice G P Mathur and Justice P K Balasubramanyan said that a deserted wife in occupation of her tenanted matrimonial home could continue to live there as part of right to maintenance and contest a suit for eviction by the landlord.
Noting that unusual fact situation posing issues for resolution was an opportunity for innovation to adjust with changing social norms and values, the bench gave a deserted wife the right akin to that of an heir of the tenant husband.
"A suitable amendment in the legislation is called for to that effect," the court said, adding, "And, so long as that is not done, we, responding to the demands of social and gender justice, need mould the relief to do complete justice by exercising our jurisdiction under Article 142 of the Constitution." "We are of the opinion that a deserted wife in occupation of the tenanted premises cannot be placed in a position worse than that of a sub-tenant contesting a claim for eviction on the ground of subletting," Chief Justice Lahoti said in the judgement.
The court said the right of a wife had to be determined on a conjoint reading of the Rent Control legislation and Personal Laws with regard to maintenance.
"A Hindu wife is entitled to be maintained by her husband ...
Right to residence is part and parcel of wife's right to maintenance." Thus even if the husband, the original tenant, was unwilling to contest eviction, she could exert her right to the premises by the virtue of an obligation incurred by her husband to provide residence for her as part of maintenance.
As long as a tenant was entitled to stay in a tenancy premises, the wife too could continue to stay exercising her right to maintenance, the court said.
However, after losing her status upon divorce, her right would depend on the terms and conditions of divorce including the provision for maintenance.
The court ruling came on an appeal filed by a woman who had contested eviction from her matrimonial house in Bangalore which had been left by her husband who had taken the premises on lease.
She continued with the case after her husband was not interested in continuing with the litigation.
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