Can A Woman Seek Residence Rights In A Shared Household?

A woman’s right to reside in the shared household is protected under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and various personal laws. The Act recognizes the importance of providing a safe and secure living space to women facing domestic violence and empowers courts to prevent eviction and grant residence orders.

Can A Woman Seek Residence Rights In A Shared Household?

1. Definition of Shared Household

The PWDVA defines a shared household as a home where the aggrieved woman lives or has lived with the respondent, either jointly owned or rented, irrespective of her legal ownership rights.

It includes both matrimonial homes and other shared residences.

2. Residence Orders Under PWDVA

The aggrieved woman can apply for a residence order from the magistrate’s court, which can:

• Prevent the respondent from dispossessing or evicting her from the shared household.
• Direct the respondent to provide or secure alternative accommodation if the aggrieved woman is not residing there.
• Allow the woman and her children to stay peacefully in the shared household.

3. Protection Against Eviction

The Act protects women from being illegally or forcefully evicted from the shared household, even if they do not have legal ownership or tenancy rights.

4. Rights Under Personal Laws

Under Hindu law, a wife has a right to reside in the matrimonial home, whether owned by her husband or his family.

Similar protections exist under Muslim personal law and other religious laws, though details may vary.

5. Judicial Support

Courts have consistently upheld women’s rights to reside in the matrimonial home to ensure their safety and dignity.

Violation of residence orders can lead to legal consequences, including contempt of court.

Consumer Safety Tips

Keep records of residence and occupancy in the shared household.

Apply promptly for residence orders in case of threats of eviction.

Avoid unilateral eviction attempts by the respondent; report such actions to the court or police.

Seek assistance from Protection Officers and legal aid services.

Maintain communication with family or support groups to safeguard residence rights.

Example

Scenario:

Rina’s husband and in-laws try to evict her from the matrimonial home after a domestic dispute.

Actions Rina Can Take:

File an application under the Protection of Women from Domestic Violence Act seeking a residence order.

Request the court to restrain her husband and in-laws from evicting or disturbing her stay.

Provide evidence that she has been residing in the shared household.

Obtain a protection order to secure her right to live safely in the house.

Seek legal advice and support from Protection Officers and women’s organizations.

These steps enable Rina to legally protect her residence rights and prevent unlawful eviction.