Answer By law4u team
Yes. A woman can get residence rights under Indian domestic violence law even if she does not own the house or is not a legal owner of the property. Under the Protection of Women from Domestic Violence Act, 2005 an aggrieved woman has the right to reside in what is called a shared household. A shared household means the house where she has lived with her husband or partner in a domestic relationship, whether the property belongs to the husband, in laws, or is rented. The Magistrate has the power to pass a residence order to protect her housing rights. The court may direct that she cannot be evicted or removed from the shared household. The court can also restrain the respondent from disturbing her possession, entering certain portions of the house, or committing any act of violence. In some cases the court may order the respondent to provide alternative accommodation or pay rent if staying in the same house is not safe. Residence rights are independent of ownership rights. This means the woman can claim the right to stay even if the property is not in her name. The purpose of this provision is to ensure that a woman is not left homeless due to domestic disputes or violence. If the respondent violates the residence order, it can become a punishable offence and legal action may be taken.
