Under THE Domestic, violence ACT, 2005, a woman involved in a marital dispute has the right to live in her estranged husband’s house. Such homes are considered to be ‘shared’

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What is a shared
household?
Jul 29, 2015 • By Umang Estates •

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The institute of marriage is considered
scared in India since time immemorial but
changing social and family environment has
led to an unfortunate rise in cases of marital
discord. The underlying causes of
disharmony have resulted in disputes
between couples that come up for
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consideration in courts, seeking relief under
various laws. The Protection of Women from
Domestic violence Act, 2005,(‘Act') is one
such Act which gives the right to an
aggrieved woman to reside in her
matrimonial home or shared household.
Under this Act, such right to seek residence
is irrespective of whether or not the women
have any title or rights in such a home or
household. Therefore, for an aggrieved
woman to successfully assert her right of
residence, it becomes imperative to
understand the meaning of a shared
household.
A shared household is one where a woman
involved in a marital dispute related to
domestic violence resides. Such a household
may jointly belong to the man she has been
married to. It could also mean a house which
has been rented by the disputing couple.

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However, shared household has been
misunderstood on several occasions
whereby the property of husband's parents
has been wrongly categorized as shared
household. Numerous cases have come up
in courts where the estranged wife claimed
the right of residence in the shared
household even though the house in
question belonged to the father-in-law or
mother-in-law. While deciding one of the
cases, the supreme court of India has held
that the wife is only entitled to claim a right to
residence in a shared household. A shared
household refers to the house belonging to
or taken on rent by the husband or the joint
properties in which the husband has a share.
The Supreme Court also held that the right
which may be available under any law can
only be against the husband involved in the
marital dispute and not against the father-in-

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law or mother-in-law.
In a recent judgment, the Delhi High Court
also held that the daughter-in-law has no
right to continue to occupy property self-
acquired by her parents-in-law against their
wishes more so when her husband has no
independent right there in nor is living there,
as it is not a shared household within the
meaning of the Act. However the wife is

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entitled to claim a right in a shared
household which means a house belonging
to or taken on rent by the husband or a
house which belongs to the joint family of
which husband is a member.
The daughter-in-law cannot assert her rights,
if any, in the property of her parents-in-law
wherein her husband has no rights, title or
interest she cannot continue to live in such a
house of her parents-in-law against their
consent and wishes.
The judgment has said that there is no
obligation on parent-in-law to provide
residence to their daughter-in-law unless it is
a shared household. Real Estate consultant
in Noida

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About the Author
Umang Estates
Authored by Mr. Sunil Tyagi, a senior partner at Zeus
Law, a corporate commercial law firm. the article was
published in ‘HT ESTATES' on 2... (show bio)
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