Residence Rights under the Domestic Violence Act, 2005
(Simple & Complete Explanation – 2025 Updated) By Legal Light Consulting – LLC Lawyers | Supreme Court & DV Specialists Educational article only – not legal advice
The Protection of Women from Domestic Violence Act, 2005 (DV Act) is the strongest and most misused/misunderstood law when it comes to a woman’s right to stay in the matrimonial house or “shared household”. Here is everything you need to know in plain language (as understood and applied by Supreme Court & High Courts in 2024–2025).
1. What is a “Shared Household” under DV Act?
Section 2(s): “Shared household” means a house where the woman:
- Has lived with the husband at any point of time (even for one day after marriage), OR
- Has a right to live because of the domestic relationship.
Examples of Shared Household (Supreme Court rulings):
| House belongs to → | Is it “shared household”? | Leading Case (2020–2025) |
|---|---|---|
| Husband’s own name | YES | Satish Ahuja (2020) |
| Husband’s parents / in-laws | YES | Satish Ahuja (2020) |
| Joint family property | YES | |
| Rented house in husband’s name | YES | |
| House in mother-in-law’s name (husband never lived there) | NO | Prabha Tyagi (2021) |
| House in father-in-law’s name but husband has no right | NO |
2. What Residence Rights Can a Woman Get?
Under Section 19, the Magistrate can pass any of these orders:
| Right | Meaning in Simple Words |
|---|---|
| 19(1)(a) – Residence Order | She cannot be thrown out of the shared household |
| 19(1)(b) – Alternate Accommodation | If she is thrown out, husband must provide a similar house on rent or buy one |
| 19(1)(c) – Not to enter the house | Restrain husband/in-laws from entering her portion (rarely used) |
| 19(1)(d) – Not to sell/dispose | Husband/in-laws cannot sell the house till case is pending |
| 19(1)(f) – Rent payment | Husband must pay rent if she is living in alternate house |
3. Most Important Supreme Court Clarifications
| Issue | Supreme Court Verdict (Latest) |
|---|---|
| Can wife claim residence in in-laws’ house? | YES – even if house is in mother-in-law’s name (Satish Chander Ahuja, 2020) |
| Can she be evicted during DV case? | NO – strict injunction against dispossession |
| Can she get a separate house if thrown out? | YES – of the same standard and same locality |
| Can husband sell the house during DV case? | NO – usually restrained by court |
| Does she lose right after divorce? | NO – right continues till she gets alternate accommodation or permanent alimony house |
| Can she claim residence in husband’s second marriage house? | NO – only in the house where she lived with him |
4. Practical FAQ on DV Residence Rights
My husband is threatening to throw me out. What to do?
File DV case immediately → Magistrate will pass residence order within 3–60 days.
House is in mother-in-law’s name. Can I still stay?
YES, if you ever lived there with your husband after marriage (Satish Ahuja judgment).
I am already divorced. Can I still claim residence?
YES, till you are provided alternate accommodation or a house under permanent alimony.
Husband sold the house during DV case. Is it valid?
Sale is valid but purchaser buys it subject to your residence rights (court can set aside sale in extreme cases).
Can I get ₹50,000 rent per month from husband?
Yes, if that was the lifestyle and locality you were living in.
I am living separately. Can I still claim residence order?
Yes – you can ask to return, or ask for alternate accommodation + rent.
What if there is no space in the house?
Court usually orders alternate accommodation instead of forcing shared living.
Can in-laws file eviction suit against daughter-in-law?
They can file, but it will remain stayed/injuncted till DV case is decided.
How long does the residence right last?
Till the woman remarries or gets a permanent house via alimony or court order.
Can this right be settled in Supreme Court under Article 142 divorce?
Yes – Supreme Court regularly gives a lump-sum or a flat in lieu of all residence claims while dissolving marriage.
Need urgent residence order or protection from dispossession? Contact Legal Light Consulting – LLC Lawyers We file DV cases in Delhi, Mumbai, Bangalore, Chandigarh, Jaipur & all major cities within 24–48 hours + get emergency residence orders.
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