INTRODUCTION
"Shared household" means a household where the aggrieved person (woman) lives or has lived at any stage in a domestic relationship, either singly or along with the respondent, and includes such a household whether owned or tenanted either jointly by the parties or singly by either of them, or jointly or singly by any member of the joint family of which the respondent is a member.
This means that ownership of the property is not a requirement. What matters is that the woman lived there in a domestic relationship—as a wife, daughter-in-law, or live-in partner.
When we think of domestic violence, our minds often turn to physical abuse. But the reality is far more complex—domestic violence can also be emotional, psychological, and even economic. One of the most subtle yet devastating forms of abuse is the forced eviction of a woman from her home. Recognizing this harsh truth, the Protection of Women from Domestic Violence Act, 2005 (DV Act), introduced the progressive and protective concept of the shared household, aimed at ensuring that women are not deprived of shelter and security in times of crisis.
LEGAL PROVISIONS
- SECTION 2(s) OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
This section explains the term “shared household” as a household where a woman must have resided in a domestic relationship (relationships by marriage, blood, or through a live-in partnership). The particular property may be owned, rented, or occupied jointly. Even if the respondent (such as a husband or in-laws) later denies her stay, the fact that she lived there at any time grants her legal recognition of that space as a shared household.
SECTION 17 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
This section grants a statutory right of residence to every woman in shared households:
According to Section 17(1), every woman in a domestic relationship shall have the right to reside in the shared household, regardless of her legal or equitable interest in it.
According to Section 17(2), a woman cannot be evicted or excluded from the shared household except in accordance with the law.
SECTION 19 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
This section enables the magistrate (judge) to issue orders to ensure a woman can live safely in her home when she is subjected to domestic violence.
If the magistrate believes that domestic violence has occurred, they can issue any of the following directives:
- Prevent the respondent (the accused individual) from disturbing or removing the woman from her home.
- Instruct the respondent to vacate the premises, particularly if cohabiting could endanger the woman.
- Prohibit the respondent or his family members from accessing specific areas of the home where the woman resides.
- Bar the respondent from selling, donating, or mortgaging the property.
- Direct the respondent to arrange alternative housing or cover rent for a separate residence if the woman is unable to remain in the shared home.
SECTION 498-A OF INDIAN PENAL CODE, 1860 : Corresponding lawction 85 85 of The Bharatiya Nyaya Sanhita, 2023
According to section 498-A of the Indian Penal Code, 1860, if a husband or his relatives harass, hurt, or torture a woman physically or mentally, they can be punished under this law.
Punishment may be jail upto 3 years and a fine.
The offence is considered to be cognizable offence( police can take action without permission from court) and non-bailable offence( bail is not automatic)
RELEVANT CASE LAWS
Vimalben Ajitbhai v. Vatslaben Ashokbhai Patel (2008) 4 SCC 649
The court stated that just being related to the house owner does not give a woman the right to live in their property , unless she lived there in a domestic relationship.
- Vinay Verma v. Kanika Pasricha and Anr, 2020 SCC 542
The Delhi High Court clarified that a woman has the right to seek alternate accommodation under Section 19 of the act if staying in the shared household is unsafe or not possible.
FAQs
- What is the difference between a matrimonial home and a shared household?
This is the house where a wife lives (or is supposed to live) with her husband after marriage. It can be owned by the husband, his parents, or even rented.
On the other hand, "shared household" under the Domestic Violence Act means any house where the woman has lived with her husband or in-laws as part of a domestic relationship. She has the legal right to stay there—even if she doesn’t own it.
- Who can claim?
- Women (only females are covered under this act)
- Who are in a domestic relationship with the respondent—such as
- Wife or live-in partner
- Daughter-in-law living with in-laws
- Mother, sister or female relative living in the same house
- Who has lived or is living in the household where the violence took place?
- Why is this provision important?
- This provision protects women from being rendered homeless in cases of domestic violence or marital disputes.
- It ensures a safe residence until alternate arrangements are made through court orders.
- Gives a woman legal backing to assert her right to residence even when she lacks financial independence.
- Can a woman claim the shared household even after divorce?
Yes, she can claim the right if the violence has occurred while she was in a domestic relationship. Courts may allow residence or alternate accommodation depending on the circumstances.
- Does the woman have to be married to claim a shared household?
Not necessarily. The law also protects women in live-in relationships or any domestic relationship like marriage.
CONCLUSION
The shared household provision is a lifeline for many women. It acknowledges that home is not just a physical space but a place of emotional, social, and legal importance. By allowing women to stay in their homes, the Domestic Violence, Act gives them the time and space to seek justice without being driven to the streets.
