Kolkata: The provision for alternative accommodation under the Protection of Women from Domestic Violence (PWDV) Act does not mean that the in-laws must be evicted from the residence, the Calcutta High Court said.
On Tuesday, Justice Tirthankar Ghosh allowed a 78-year-old mother-in-law to return to the residence under Lake Town PS with the help of a woman constable. The mother-in-law alleged she was thrown out of the property, which was allocated in her husband's name on a tenancy basis by the state. The elderly woman's husband was a housing dept employee.
The daughter-in-law registered a case against the in-laws under section 498A (cruelty against a woman by her husband or his relatives) and the PWDV Act. The PWDV Act has a provision for alternative accommodation.
According to the counsel representing the daughter-in-law, the in-laws have alternative accommodation but did not reveal it in the petition. "They are doing this to coerce the daughter-in-law to withdraw a complaint under section 498A and the PWDV Act," he submitted before the single judge.
However, Justice Ghosh held, "There may be cases under section 498A and under provisions of the Protection of Women from Domestic Violence Act (PWDV). This act provides for alternative accommodation, but that doesn't mean that the rest of the relations of the in-laws have to be evicted from the residence. The daughter-in-law will have a proportionate area to enjoy, but at the same time, the mother-in-law, being a 78-year-old woman, is also entitled to enjoy the residence or the shared household."
The state was directed to communicate to the OC of Lake Town PS to ensure that a woman constable will accompany the elderly woman, who would enter the house and stay in a proportionate area. The woman constable, the court held, will visit every alternate day for the next four weeks and assess whether there is any harassment. She will report to the OC Lake Town, who, in case the situation aggravates, will intensify the constable visits.
The problem, according to the elderly woman, was that the daughter-in-law was mistreating her by allegedly assaulting her in the absence of her son and providing her with sub-standard food. The mother-in-law claimed she approached the police station when she was not allowed to enter the flat, but the police allegedly did not act on her complaint. Hence, she approached the HC.