According to section 2(s), the household in which the woman accused of violence lives or at any stage or at any point in a family relationship, alone or with the respondent, is defined as “shared household”. The duration of cohabitation is not defined before a house can be considered a “shared household”. This provision is a clear example of overkill and leaves plenty of room for abuse. This applies whether the household is owned or rented, jointly owned by the aggrieved person and the respondent, or by either person, in which the aggrieved person or the respondent or both jointly or separately have the right to, ownership, interest or equity. This allows even women who ended a cohabitation several months or years ago to claim alimony, compensation and residency from the male partner, thus opening the door to claims. strange from women, who may have spent several weeks living with the man before he married.
In the context of matrimonial
In India, there is no law specifically regulating a house by marriage. So, a matrimonial house is indeterminate and has no right to it. However, according to the law, due to the common rights in the household, the wife has the right to live in the household registration with her husband. This means having the right to live in a house owned/rented by husband and wife (together or separately), or a home to which the husband has a right, title or interest, including his own home, family in which the husband is a member.
However, the right of residence will not extend to the house owned/purchased by the parents or relatives of the husband because the right no longer exists. For example, houses owned (not inherited) by a mother-in-law or sister-in-law would not be a joint household.
Allowing a spouse (or husband) to stay in such a home is entirely at the discretion of the homeowner. Stepparents are not obligated to leave their stepdaughter in a home they own. So, the application for residency in the house owned by the parents-in-law/ parents-in-law will definitely fail.
Whom to approach if you face/find domestic violence from the shared household?
- Contact Protection Officer
Every district in India has at least one designated protection officer who works solely for the purpose of handling and investigating domestic violence cases. Protection officer works under the control and supervision of the magistrate. The position is mainly assigned to women to ensure easy communication.
Anyone who thinks domestic violence is happening / has happened / is about to happen should provide this information to the Protection Officer. A person who is in good faith notifying a domestic violence worker is not allowed to bring a lawsuit or sue.
- A Magistrate or a Police officer
A Magistrate or a police officer can also be approached to give information about a domestic incident.
Reliefs that can be claimed in case of expulsion from shared household
In the event of forced eviction or denial of entry into the home, the aggrieved party may apply for a house arrest warrant. This can be done with the help of the aforementioned agencies.
In this application, the magistrate may pass order any of the following discussed below:
- Prevent the opposing party from forcing the aggrieved party out of the common house or denying her access to it;
- Order the opposing party to withdraw from the joint household (this can only be passed on to one male respondent);
- Prevent the adverse party or one of its relatives from entering the part of the common house where the aggrieved person resides;
- Preventing the opposing party from selling or depriving a common household or restricting their free access;
- Prevent the opposing party from giving up their rights to the common house without the judge’s permission;
- order the opposing party to obtain alternative accommodation of the same standard as the shared household, or to pay rent (if circumstances require); Or
Any other additional terms or orders the magistrate deems reasonably necessary. In addition, the magistrate may also order the officer in charge of the nearest police station to protect the injured woman, or to assist her, or the person who applied for a job on her behalf.
Missing women will also be provided with a safe haven at their request with a protection officer or service provider. This does not exhaust him from using any other available remedy. The reception house is responsible for providing accommodation according to the orders of these authorities.
- Every Woman In A Domestic Relationship Has A Right To Reside In The ‘Shared Household’: Subsisting Domestic (lawyersclubindia.com)
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