People rarely hear about the term shared household, domestic violence laws (Protection of Women from Domestic Violence Act, 2005) are mostly the reason when they do. General understanding comes from the literal meaning, that if people are sharing a specific space in a homely setup, they are in a shared household. However, what is shared household in DV Act may not exactly be the same as its general understanding. That is why, people or families battling matrimonial disputes should definitely read this blog to understand the legal complexities.
While the law ensures protection for women, misuse of laws for women is not something new to discuss. Rather than punishing the wrongdoers in familial relations, the aim is different altogether. The provisions ensure women with financial support as well as access to shared matrimonial household under DV Act. However, there are several misunderstandings related to who can be protected and who can claim a right to reside in a shared household. Therefore, we bring a step-by-step guide to explain all about shared household in domestic violence cases.
What is Shared Household in DV Act?
While general understanding of a shared matrimonial household has been discussed above, how the Domestic Violence Law defines it matters for legal purpose. To establish a domestic relationship for the purpose of the Domestic Violence Act, living together in a shared household is the requirement. The people involved may be currently living in a shared household, or have lived together at some point of time in the past. Hence, apart from a domestic relationship, a shared household needs to be proved to bring a cause. The same has been defined under Section 2(s) of the DV Act 2005.
Shared Household Meaning
Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 defines a shared household. According to the shared household definition, it includes a household where
- The aggrieved person lives OR has lived at any stage,
- In a domestic relationship – singly or along with the respondent,
- Includes household owned OR tenanted jointly,
- Includes household owned OR tenanted by either aggrieved person or respondent,
- Includes household where aggrieved and respondent jointly OR singly enjoy any right/title/interest/equity,
- Includes households belonging to a joint family wherein the respondent is a member.
Scope of Shared Household DV Act
Domestic Violence Act Section 3 defines domestic violence. Section 3(d) covers other injuries and harm caused to the aggrieved person including physical or mental and Explanation 1 clause (iv) elaborates economic abuse. Sub-clause (c) extends the scope of domestic violence to prohibition or restriction on continued access to any resources or facilities. It also includes access to shared household under DV Act.
Right to Reside in a Shared Household
Having a roof over the head is a must for a woman in distress due to domestic violence, since customary practices often exclude daughters and daughter-in-laws from reigning the ownership of a house. Section 17 of the Domestic Violence Act provides for the right to reside in a shared household. Without leaving any scope for any law in force, Section 17 extends to every woman staying in a domestic relationship the right to reside in the shared household. The provision expressly negates any requirement of having a right, title or beneficial interest in the said household. The provision makes it clear that the aggrieved person cannot be evicted or excluded from any part of the shared household. The only way out could be the procedure established by law. Hence, unless Court orders are obtained against an aggrieved woman’s right to reside in the shared household, the woman’s access to shared matrimonial household under DV Act cannot be stopped.
Residence Orders for Shared Household DV Act
Section 19 of the Act empowers the Magistrate on passing residence orders while disposing of an application under Section 12(1). Such orders can only be passed if the Magistrate is satisfied that domestic violence took place. The Magistrate may order for the following:
- Restraining the respondent from disturbing the aggrieved person’s access to shared matrimonial household under DV Act;
- Respondent to remove himself from the shared household for committing domestic violence;
- Restraining the respondent or his relatives from entering a particular portion of the shared household wherein the aggrieved woman resides;
- Restraining the respondent from alienating or disposing off the shared household or encumbering it (means the respondent cannot sell or transfer ownership, nor any encumbrance);
- Restraining the respondent from renouncing (giving up) his rights in the shared household except in case the Magistrate allows so;
- If situation so requires, directions for respondent to arrange same level of alternate accommodation as enjoyed by her in the shared household;
The provision makes it an exception that no order regarding residence orders for shared household under DV Act can be passed against a woman. Other interests like possession of stridhan, discharge of rent or other payments, protection of woman and her children may be ordered against the respondent under Section 19 of DV Act.
Also read – Do we need gender neutral laws in India?
Inference
By now, it is clear what is shared household in DV Act, and its purpose is protective in all sense. However, residence orders and uninterrupted access to shared matrimonial household under DV Act is often a headache for those in-laws who face false cases. Daughter-in-law or wife staying in the same house peacefully is not a problem for them. The trouble arises when things are out of hand, this woman threatens of harming herself or any of the family members, and you can do nothing to stop her from staying under the same roof because the laws support only her.
For women actually facing domestic violence, most of them do not even approach the authorities for protection, and those who do, most of them are being found vengeful these days. In such a scenario, shared household in DV Act becomes more of a threat for those battling fake cases.
