The Protection Of Women From Domestic Violence Act, 2005
17. Right to reside in a shared household.—
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Comments
This section lays down that irrespective of any contrary provision in any other law, every woman in a domestic relationship shall have the right to reside in the shared household and the aggrieved person shall not be evicted or excluded from the shared household by the respondent except in accordance with the procedure established by law.
[Notes on Clauses]
The claim for alternative accommodation can only be made against husband and not against in-laws or other relatives. The wife is only entitled to claim a right to residence in a shared household, and “a shared household” would only mean house belonging to or taken on a rent by husband, or house which belongs to joint family of which husband is a member; S.R. Batra v. Smt. Tarun Batra., Civil Appeal No. 5837 of 2006 (Supreme Court) decided on 15th December, 2006.
The Protection Of Women From Domestic Violence Act, 2005,
