What is the meaning of sharing household?
I had written an article previously on the differentiation of domestic relationships, shared households and marital homes. The term marital home finds no mention in the act. Still, there are many queries about the ‘Right of Residence’, which is covered under Section 19, as the number of cases of domestic violence has taken over 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) and loss of residence is the biggest threat a man and his family faces. In this article, I have tried to discuss only the provision of the Right to Reside in a shared household. I answer questions and queries that have been asked repeatedly in weekly meetings and otherwise. Firstly, what the law defines as the Right to reside in a shared household as per Section 17 of the Protection of Women from Domestic Violence Act, 2005
Right to Reside in Shared Household
Notwithstanding any other law for the time being in force, every woman in a domestic relationship shall have the right to be settled in the shared household, whether or not she has any right, title or beneficial interest. (2) The aggrieved person shall not be removed or kept out from the shared household or any part of it by the respondent save according to our given procedure by law. This section discusses every woman living in the shared household and shall not be evicted without following the due course of law. A positive declaration was made it is open to the magistrate to restore her to the shared household if a woman claiming residence must be one living in a shared household in a domestic relationship, which could be either a blood relationship or a relationship through marriage, adoption or a foster relationship. However, the judicial interpretations have limited the scope of the shared household for married women to the house belonging to her husband, whether self-purchased or through inheritance, whether entirely or by way of it being joint family property or it must have been taken on rent by her husband.
FAQs on Shared Household
A shared household is one where a woman involved in domestic violence resides is called a shared household. The term would mean that the aggrieved woman was living in the household and sharing a part or complete house and household goods. This right is a continuous right and covers only people residing in shared households, meaning that the relationships of the past can not be covered under this act. S.R. BATRA vs. TARUNA BATRA case has been a landmark case in marital disputes. It has categorically said that ‘shared household would mean only the house belonging to or taken on rent by the husband or the house which belongs to the joint family of which husband is a member.’
Yes. Unless a woman is a residing member of the shared household, the woman does not have the right to file a complaint under this Act. In the 2017 case of Manmohan Attavar v. Neelam Manmohan Attavar, SC opined that to issue an order under the Domestic Violence Act permitting a party to occupy a household; the parties must live in a domestic relationship in the household.
Yes and No. It does not apply to evictions of women before the Act unless such Act is a part of the continuing Act of domestic violence and the said husband has some interest in that shared household by way of ownership, tenancy, inheritance or joint family property.
Yes. She can seek a restraining order as long as the properties are vested with the husband. However, if the husband has already parted with the properties, such a restraining order can not be issued against a third party.
The Act has no provision whereby the Magistrate can restore properties already transferred by the wife. He can grant any other relief against the acts of continuing domestic violence, including attempts at her eviction from the shared household.
Yes, even though the shared household belongs to a stranger. The respondent cannot evict the aggrieved woman from the shared household. However, this eviction can still be done by availing remedy by the procedure established by law. Such restraint is only against forcibly evicting the aggrieved woman.
I have tried to address the most common queries on shared households; if you have any other queries, please ask in the comment section or mail me at info@shoneekapoor.com.
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