Answer By law4u team
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.
