Home is more than just a physical space—it is a place of dignity, safety, and belonging. But in the context of troubled marriages or family disputes, the “matrimonial home” can become a contested space, particularly for women. The right to live in the shared household is not just emotional—it is a legal entitlement, especially for a wife facing domestic abuse, abandonment, or eviction threats. In many cases, women—especially homemakers—are wrongfully asked to leave or are forcibly thrown out of their matrimonial homes by husbands or in-laws.
In India, the right to residence in the matrimonial home is protected by law—even if the home is not owned by the wife, or even if the marriage is under strain. This blog explains what this right means, when it applies, and what legal protections are available to safeguard it.
WHAT IS A MATRIMONIAL HOME?
A matrimonial home refers to the house that the two partners would reside in after getting married. It does not matter:
- Who owns the house (husband, in-laws, or rented property)
- Whose name is on the property papers or rent agreement
- If the woman is earning or not
A woman who has spent her life there due to her marriage has the right to remain there even in the case of fights- or even in case of divorce proceedings have been initiated.
WHO CAN CLAIM THIS RIGHT?
Mainly, this right can be asserted by the wives under Indian law. This includes:
- Legally wedded wives
- Women in live-in relationships, if they can prove a domestic relationship under the law
- Women facing domestic violence, harassment, or wrongful eviction
WHEN DOES THE RIGHT TO RESIDENCE APPLY?
You can seek residence protection when:
- Your husband attempts to leave you out of house and home.
- Your family or in laws drive you away.
- You are being bullied, beaten or intimidated at home.
- You have no other place to live or income sources.
- You are divorced or in the process of separation under the law.
WHAT PROTECTIONS DOES THE LAW PROVIDE?
1. Protection of Women from Domestic Violence Act, 2005
This is the most important law that gives women the right to reside in a shared household.
Section 17: Every woman in a domestic relationship has the right to reside in the shared household, even if she has no legal title or financial interest in it.
Section 19: The court can issue a Residence Order to:
- Stop the husband or in-laws from evicting the woman
- Allow her to stay in the house
- Order the husband to find alternate accommodation
- Prevent the husband from entering certain parts of the house (in case of violence).
2. Hindu Marriage Act, 1955 & Special Marriage Act, 1954
Under these laws:
- Courts can grant interim housing rights to a woman during divorce or separation proceedings.
- If the woman has custody of children, she may be allowed to stay in the house for their welfare.
- In some cases, courts may stop the husband from selling or transferring the house during the case.
3. Rented Property or In-Laws’ House
Even if the house is rented, or owned by in-laws, you still have rights under the Domestic Violence Act as long as it was your shared household.
WHAT CAN HAPPEN IN THE EVENT OF FORCIBLE EVICTION?
When you are:
- Kicked out of the house
- Locked out
- Physically or mentally bullied
- Threatened to leave the house.
You can immediately:
- Applications in the Magistrate Court of a Domestic Violence Complaint
- Ask the court to grant a Residence Order to remain at or obtain alternative refuge at the house
- Make a report in the police station against harassment, cruelty or wrongful eviction (Section 498A IPC)
You do not necessarily have to wait before getting the divorce to get protection.
FAQs
Q1. Do I have the right to stay in my husband’s house even after filing for divorce?
Yes. Until the court passes a final order, you have the right to stay in the matrimonial home or request alternate accommodation.
Q2. Are my in-laws allowed to ask me to leave their house?
It is not so when it is your common shared household. You can have right of residence at that place, provided that you lived there as a married person.
Q3. What will happen when I live in a rented house with my husband?
You are not deprived of the right to remain. The status of renting is not an obstacle to your claim of residence against the Domestic Violence Act.
Q4. Can I claim this right if I am not legally married but lived in a live-in relationship?
Yes, if you can prove a domestic relationship and shared household, courts have extended protection to women in live-in partnerships.
Q5. Is it possible that the court can force my husband to leave the house?
Yes. In extreme scenarios of the domestic violence, the court can bar the husband accessing home or request him to take his own place.
CONCLUSION.
A right to live in a matrimonial home is more than a legal right; it is an enshrinement of dignity, stability and security. It does not matter whether they are abusing you, evicting you, or marital breakdown, you should not be chased out of your house because the house is not under your name.
In case you are not feeling safe or are being told to go, seek assistance of a family lawyer or a women rights organization. The law is with you- and home is not four walls; your place is something worth fighting.
