Recently, in a detailed ruling interpreting the contours of a wife’s right of residence under the Protection of Women from Domestic Violence Act, 2005, the Delhi High Court has held that once a woman begins residing in the matrimonial home immediately after marriage, such premises assume the character of a “shared household,” irrespective of the husband’s subsequent disownment by his parents.
Justice Sanjeev Narula, while dismissing an application by the in-laws seeking the daughter-in-law’s eviction, observed that her occupation of the property stemmed from her lawful residence as a wife, not from any permissive arrangement. The Court held that “the daughter-in-law cannot be dispossessed solely on the ground that her husband was disowned.”
The case arose from a marriage solemnized in 2010, following which the couple began residing in the husband’s parental property. Within a year, marital discord surfaced, leading to multiple civil and criminal proceedings between the parties. After the husband left the premises, claiming to have been disowned by his parents, the wife continued to occupy the property. The in-laws contended that the house was the self-acquired property of the late father-in-law and, therefore, did not qualify as a “shared household” within the meaning of Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.
A Trial Court had earlier dismissed the mother-in-law’s plea, holding that she was not an “aggrieved person” under the statute, but nonetheless protected her possession of the first floor while recognizing the respondent-wife’s residential rights over the ground floor.
Upholding that arrangement, the Court held that the lower court had correctly harmonized the competing claims. It observed, “The existing arrangement, whereby the petitioners occupy the first floor, and the respondent resides on the ground floor, sufficiently accommodates both interests.”
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