Reena Grover vs. Sh. Ramesh Grover & Ors, Delhi HC as on 09 Feb 2026
NEW DELHI – The Delhi High Court has ruled that the Protection of Women from Domestic Violence Act (DV Act) is a protective measure to ensure women are not left “roofless” but does not confer an absolute right to insist on residing in a particular property if a suitable alternative is available.
Case Background
The petitioner, Reena Grover (81), challenged orders from a Metropolitan Magistrate and an Additional Sessions Judge that denied her re-entry into her matrimonial home at C-7, Green Park, South Delhi. Mrs. Grover had resided in the Green Park house for nearly 60 years before moving to her daughter’s house in Safdarjung Enclave in April 2023 for post-surgery recovery. When she attempted to return in July 2023, she alleged that her husband, son, and grandson forcibly denied her entry.
Property Dispute vs. Domestic Violence
Justice Ravinder Dudeja, presiding over the case, observed that the proceedings appeared to arise predominantly from an inter se property dispute rather than genuine domestic abuse.
- Alternate Accommodation: The Court found that the petitioner was currently residing in another property owned by her husband (Respondent No. 1) in Safdarjung Enclave.
- Husband’s Consent: The husband maintained a consistent stand that he had no objection to his wife residing in the Safdarjung property.
- Constructive Possession: While the petitioner argued that her husband was not in “actual possession” of the Safdarjung house due to litigation with their daughter, the Court upheld the lower court’s view that as the owner, he held constructive possession and had fulfilled his obligation to provide shelter.
Key Legal Observations
The Court detailed the following principles regarding the DV Act:
- Object of Section 19: The mandate of the Magistrate is to ensure an aggrieved woman is not rendered homeless. It is remedial, not a tool to claim an “indefeasible right” to a specific house.
- Preventing Acrimony: The Court agreed with the lower courts that forcing the petitioner back into the Green Park home—where she had leveled serious allegations against her son and grandson—would only lead to further litigation and acrimony.
- Definition of Shared Household: Under Section 2(s), a shared household is where the person has lived in a domestic relationship. However, Section 19 allows for the provision of alternate accommodation of the same standard
