Yes, under The Protection of Women from Domestic Violence Act, 2005 (commonly referred to as the Domestic Violence Act), a woman can claim residence rights in her husband's house or any shared household. Here are the key points related to this right: 1. Definition of Shared Household: The term "shared household" includes any household where the woman has lived with the husband or his family, whether she has ownership rights over the property or not. It can also include a rented property where the husband or his family resides. 2. Section 17: Under Section 17 of the Domestic Violence Act, the woman has the right to reside in the shared household, whether or not she has any legal or ownership rights over the property. She cannot be evicted or excluded from the shared household by her husband or in-laws. 3. Residence Orders: If a woman is being threatened with eviction from her husband’s house or facing domestic violence, she can approach the court for a residence order. The court can pass an order ensuring that the woman has the right to live in the shared household or can direct alternative accommodation if necessary. 4. Right to Stay, Not Ownership: The right to reside in the household is separate from the right of ownership or title. It ensures that a woman cannot be forcibly ousted from the home, even if she does not own the house. In summary, under the Domestic Violence Act, a woman can claim the right to reside in her husband's house or any shared household, even if she does not have legal ownership of the property. This provision aims to protect her from being evicted or deprived of her residence during domestic disputes.

Dear Client, Yes, a woman can avail herself of residence rights in the house of her husband under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Legal Basis: By virtue of Section 17 and Section 19 of the PWDVA, a woman is entitled to live in the "shared household" irrespective of whether she has any legal title or interest in the property. What is a "Shared Household"? As per Section 2(s) of the Act: A common household is a house where the woman resides or has ever lived in a domestic relationship with the respondent (usually the husband), and which is either: a. Owned or rented by the husband (or jointly with others), or b. Part of a joint family to which the husband belongs. Although the house is in the name of the parents of the husband, the woman can always assert the right to live there if it was her matrimonial home. Key Provisions: Section 17 – Right to Reside in a Shared Household A woman in a domestic relationship cannot be evicted or excluded from the shared household except by legal process. Section 19 – Residence Orders The Magistrate may make a residence order ordering that: The woman will remain living in the joint household, The respondent (husband or in-laws) cannot dispossess or interfere with her possession, In certain instances, the respondent can even be asked to provide alternative shelter or rent. Judicial View: In S.R. Batra v. Taruna Batra (2007), the Supreme Court initially decided that a woman has no right to reside in a property belonging to her in-laws. Subsequent rulings, however, such as Satish Chander Ahuja v. Sneha Ahuja (2020), overruled this and held that even joint family houses where the woman resided with her husband come under the purview of a shared household. Conclusion: Yes, as per the PWDVA, a wife is entitled to stay in her matrimonial/shared household and cannot be dragged out by her husband or in-laws. She is free to go to the Magistrate under Sections 17 and 19 and get protective and residence orders, protecting her shelter and dignity. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.