Your rights
Can I stay in the shared household during DV case?
Short answer
Yes. Under DV Act, you have the right to reside in the shared household regardless of whether you own it.
Understanding the issue
Section 17 of the Domestic Violence Act gives every woman in a domestic relationship the right to reside in the shared household, whether or not she has any title or ownership rights. The court can grant a residence order under Section 19 preventing your removal or exclusion from the shared household. The respondent can be restrained from dispossessing you, disturbing your possession, or even entering the portion of the shared household where you reside. The court can also direct the respondent to arrange alternative accommodation if needed. This right exists even if the property is owned solely by the husband or his relatives.
Laws that apply
- Protection of Women from Domestic Violence Act — Section 17 (Right to reside in shared household)
- Protection of Women from Domestic Violence Act — Section 19 (Residence orders)