Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 17 – The Protection Of Women From Domestic Violence Act, 2005,

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.

 

 

Previous | Next

 

The Protection Of Women From Domestic Violence Act, 2005,

 

Indian Laws – Bare Acts

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation