Srinagar Court: DV Act Cannot Decide Property Ownership

A recent ruling by First Additional Sessions Judge Anjum Ara has brought attention to the legal balance between women’s right to residence and the residential rights of elderly parents.

The court dismissed a woman’s appeal challenging an earlier order directing her husband to provide suitable alternative accommodation or pay rent. The case raises important questions about Section 17 of the Protection of Women from Domestic Violence Act, 2005, which protects a woman’s right to reside in a shared household, and Section 19, which allows courts to grant residence-related relief.

The report also examines the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides legal protection and maintenance rights to eligible elderly parents, and the Supreme Court’s landmark 2020 judgment in Satish Chander Ahuja v. Sneha Ahuja.

Women’s protection and residence rights matter, as do the legal rights of senior citizens. However, the DV Act cannot determine property ownership, which must be resolved through appropriate civil proceedings.