The Right to Residence under the Domestic Violence Act is one of the most crucial protections granted to women in India who face abuse in domestic relationships. This right enables a woman to remain in her shared household or seek alternative accommodation, even if she has no ownership rights to the property. This article explores the depth of this legal right, discussing its provisions, interpretations by the courts, and the role of relevant legislation such as the Protection of Women from Domestic Violence Act, 2005 (PWDVA), Bharatiya Nyaya Sanhita (BNS), and related civil and constitutional laws. It is especially helpful for those seeking support from family lawyers in Chandigarh, criminal lawyers, and matrimonial dispute advocates across India.

Understanding the Protection of Women from Domestic Violence Act, 2005 (PWDVA)

The PWDVA, 2005, is a progressive piece of legislation that recognizes domestic violence as a human rights violation and provides civil remedies to women in abusive domestic relationships.

Objectives of the PWDVA

  • To protect women from physical, emotional, sexual, economic, and verbal abuse. 
  • To ensure that victims of domestic violence have access to shelter, medical aid, legal support, and maintenance. 
  • To provide a right to residence in the shared household, even if the woman has no title or rights in the property. 

Legal Basis of Right to Residence Under PWDVA

Section 17 – Right to Reside in a Shared Household

Section 17 of the PWDVA lays the foundation for the right to residence. It states:

“(1) Every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.”

This ensures that the aggrieved woman cannot be evicted from the shared household by her partner or his relatives, even if she is not the legal owner.

Key Features:

  • The right is independent of ownership. 
  • Applicable to both married women and those in live-in relationships. 
  • Shared household includes joint family property, rented accommodations, or ancestral homes. 

Section 2(s) – Shared Household Definition

This section defines a shared household as a house where:

  • The aggrieved woman has lived at any stage in a domestic relationship. 
  • The house may be owned or tenanted, either singly or jointly by the respondent. 

This broadens the protection for women and strengthens the residential rights in matrimonial disputes.

Section 19 – Residence Orders by Magistrate

Section 19 allows the Magistrate to pass residence orders, which include:

  • Restraining the respondent from dispossessing the woman. 
  • Directing the respondent to remove himself from the shared household. 
  • Restraining the respondent or his relatives from entering certain parts of the house. 
  • Directing the respondent to secure alternative accommodation or pay rent. 

Applicability of Section 19:

  • Orders can be passed ex-parte (without respondent present) if needed for immediate protection. 
  • It empowers the court to provide temporary or permanent shelter to the woman. 

These orders are often implemented with the assistance of protection officers, family lawyers in Chandigarh, and criminal defense advocates depending on the situation.

Judicial Interpretation of Right to Residence

S.R. Batra v. Taruna Batra, (2007) 3 SCC 169

In this landmark judgment, the Supreme Court held:

  • A woman does not have a right to reside in the property belonging solely to her in-laws unless it is a shared household. 

This was criticized for being too narrow and was later diluted by further rulings.

Satish Chander Ahuja v. Sneha Ahuja, (2020) 4 SCC 550

The Supreme Court expanded the interpretation of “shared household”:

  • Recognized a woman’s right to reside even in her in-laws’ house if she lived there as part of a domestic relationship. 

This case remains the current guiding precedent, empowering matrimonial dispute lawyers in Chandigarh and other cities to better protect women’s residential rights.

Other Laws Supporting Right to Residence

Constitution of India – Article 21

  • Article 21 guarantees the right to life and personal liberty, which includes the right to shelter and dignity. 
  • Courts have repeatedly held that Article 21 supports a woman’s right to reside in a safe and secure environment. 

Hindu Marriage Act, 1955 – Section 24

  • Enables women to claim maintenance and accommodation during matrimonial proceedings. 
  • Commonly invoked by family advocates in Chandigarh in divorce or separation cases. 

Bharatiya Nyaya Sanhita (BNS), 2023 – Section 85

  • Addresses physical cruelty, harassment, and mental abuse. 
  • Can be used alongside PWDVA for criminal prosecution, especially when protection orders are violated. 

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Section 248

  • Provides procedural clarity for filing applications for relief. 
  • Critical for criminal lawyers in Chandigarh handling emergency residence claims. 

Procedural Steps to Claim Right to Residence

Step 1: File a Complaint Under PWDVA

  • File before a Metropolitan Magistrate or Judicial Magistrate First Class. 
  • Seek help from protection officers, NGOs, or criminal advocates in Chandigarh. 

Step 2: Request for Interim Residence Orders

  • Apply for a residence order under Section 19. 
  • Submit evidence of domestic relationship and past cohabitation. 

Step 3: Execution of Orders

  • Orders are enforceable through police and protection officers. 
  • Violations may lead to criminal proceedings under PWDVA and BNS. 

Step 4: Maintenance & Monetary Relief

  • Under Section 20 of PWDVA, a woman can claim: 
    • Rent 
    • Utilities 
    • Medical expenses 
    • Educational costs for children 

These are commonly processed by family lawyers and criminal defense lawyers in Chandigarh in family court proceedings.

Recent Developments and Emerging Jurisprudence

  • The 2023 legal reforms under BNS and BNSS provide stronger procedural protections. 
  • Courts have begun recognizing the right to alternate accommodation even in live-in relationships, further securing women’s rights. 
  • The Justice Verma Committee had also emphasized shelter as a core component of domestic safety. 

These developments are guiding high court advocates in Chandigarh and across India in making progressive legal arguments.

Limitations of the Right to Residence

  • The right is not absolute; it can be challenged if: 
    • The relationship was not legally valid. 
    • There was no shared household or cohabitation. 
  • Claims can be rejected if filed maliciously or fraudulently. 
  • Legal hurdles can arise in joint family property or ancestral home cases. 

Hence, professional legal representation from matrimonial dispute lawyers in Chandigarh becomes critical in contentious disputes.

 

The Right to Residence under the Domestic Violence Act is a powerful and protective legal measure designed to secure the dignity, safety, and shelter of women across India. Whether in a marriage, live-in relationship, or extended family setup, the law ensures that no woman can be arbitrarily removed from her home. Through Section 17 and 19 of PWDVA, supported by BNS, BNSS, and constitutional rights, women have legal grounds to seek residential protection.

For clients facing domestic conflict or students seeking to understand this subject better, it is crucial to appreciate the legal avenues available. With the right legal guidance from family lawyers in Chandigarh, criminal lawyers, or high court advocates, this statutory right becomes a vital tool of empowerment.

FAQs on Right to Residence Under the Domestic Violence Act

1. Can a woman claim residence rights if the house is owned by in-laws?

Yes. If the house qualifies as a shared household under PWDVA Section 2(s), a woman can claim her right to residence even if she does not legally own the property. Indian courts, including various high courts and the Supreme Court, now favor a broader interpretation of the law. Family lawyers in Chandigarh frequently assist women in asserting this right in both matrimonial and domestic violence cases.

2. Can a live-in partner claim residence under the Domestic Violence Act?

Yes. According to the Supreme Court ruling in Indra Sarma v. V.K.V. Sarma (2013) and the provisions of the Protection of Women from Domestic Violence Act, women in a live-in relationship in the nature of marriage can claim residence rights and seek shelter orders. Family advocates in Chandigarh regularly handle such cases to ensure women’s safety and access to housing.

3. Is the residence right permanent or temporary?

The right to residence under PWDVA can be either temporary or permanent, depending on the facts of the case. Under Section 19 of PWDVA, Magistrates may grant interim or long-term residence orders. These are often secured with the assistance of matrimonial dispute lawyers in Chandigarh or criminal defense lawyers experienced in family law matters.

4. What if the respondent violates the residence order?

A violation of a residence order is a criminal offense under Section 31 of the PWDVA. It may also attract provisions under the Bharatiya Nyaya Sanhita (BNS), leading to imprisonment or fines. Victims should consult criminal defense advocates in Chandigarh or approach high court lawyers for contempt proceedings and enforcement of the order.

5. Can a woman be removed from her shared household during divorce proceedings?

No. Under Section 17 of the PWDVA, a woman has the right to reside in her matrimonial or shared household, even during divorce or maintenance proceedings. This legal protection is upheld unless explicitly denied by a competent court. Family lawyers and high court advocates in Chandigarh commonly invoke this provision to protect women from wrongful eviction.