Meaning of Shared Household Under Domestic Violence Act
The concept of “shared household” plays a central role in protecting a woman’s right to residence under the Protection of Women from Domestic Violence Act, 2005.
Many disputes arise when husbands or in-laws claim that a woman has no right to stay in a particular house. The law uses the concept of shared household to prevent such misuse.
📚 Introduction
The Domestic Violence Act was enacted to provide protection to women against abuse and harassment within domestic relationships.
One of its most important objectives is to ensure that women are not rendered homeless due to marital disputes.
The concept of shared household gives legal backing to this protection.
⚖️ Legal Meaning of Shared Household
Section 2(s) of the Domestic Violence Act defines “shared household”.
A shared household means the house where the aggrieved woman lives or has lived in a domestic relationship with the respondent.
It includes both present and past residence.
📜 Types of Shared Household
A shared household may include different types of properties.
- House owned by the husband
- House jointly owned by husband and wife
- Rented house taken by the husband
- House belonging to joint family
- House owned by in-laws where the couple lived
The nature of ownership is not decisive in determining a shared household.
👨👩👧 Meaning of Domestic Relationship
For a house to qualify as a shared household, there must be a domestic relationship.
A domestic relationship means a relationship between two persons who live or have lived together in a shared household.
This includes relationships by marriage, blood, adoption, or live-in relationships.
⚖️ Right to Residence in Shared Household
Section 17 of the Domestic Violence Act gives every woman the right to reside in the shared household.
This right exists irrespective of ownership or title.
A woman cannot be evicted or excluded except through legal procedure.
🏛️ Judicial Interpretation
Courts have interpreted the term “shared household” broadly to protect women.
The judiciary has emphasized that the purpose of the Act is to prevent homelessness and exploitation.
Narrow interpretations that defeat this objective are discouraged.
⚖️ Situations Where House May Not Be Shared Household
In certain limited situations, a house may not be treated as a shared household.
- Where the couple never lived together
- Where residence was purely temporary
- Where there was no domestic relationship
Each case depends on its facts and evidence.
💼 Alternative Accommodation
If residence in the shared household is not feasible, courts may order alternative accommodation.
Monetary compensation may also be granted.
The objective is to ensure safe shelter for the woman.
⚖️ Misuse and Safeguards
Courts have recognized that false claims of shared household may be made.
Therefore, proper evidence and factual examination are required.
Genuine claims, however, are strongly protected.
📝 Importance for Judiciary Exams
Questions on shared household frequently appear in family law and criminal law exams.
Aspirants must remember Section 2(s) and Section 17 of the DV Act.
Understanding judicial interpretation is also essential.
📌 Conclusion
The concept of shared household is a powerful tool to protect women from unlawful eviction.
It ensures that no woman is deprived of shelter due to marital disputes.
Indian law places dignity and security of women at the centre of this protection.
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❓ Frequently Asked Questions (FAQs)
1️⃣ What is a shared household under DV Act? ⚖️
It is the house where a woman lives or has lived with her husband in a domestic relationship.
2️⃣ Does ownership matter in shared household? 🏠
No, ownership is not decisive for determining a shared household.
3️⃣ Can in-laws’ house be a shared household? 📜
Yes, if the couple lived there together, it can be a shared household.
4️⃣ Can a woman be evicted from a shared household? 🚫
No, she cannot be evicted without following legal procedure.
5️⃣ What if living together is unsafe? ⚠️
The court may order alternative accommodation.
6️⃣ Which sections deal with shared household? 📚
Section 2(s) and Section 17 of the Domestic Violence Act deal with shared household.