(1) Notwithstanding anything contained in any other law for the time being in force, 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.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Section 17 of the Protection of Women from Domestic Violence (DV) Act, 2005, deals with the right to reside in a shared household. The section provides that every woman in a domestic relationship shall have the right to reside in the shared household, irrespective of whether she has any title or rights in the household.
The section recognizes the vulnerability of women in domestic relationships and seeks to provide them with a legal right to reside in the shared household. This right is available to a woman even if she does not have any ownership or legal rights in the household.
Under Section 17, a woman can seek a protection order from the court to prevent the respondent from dispossessing her from the shared household. The court may pass an order restraining the respondent from dispossessing the woman or entering the shared household, or from alienating, disposing of or encumbering the shared household.
It is important to note that the right to reside under Section 17 is not absolute and is subject to certain conditions. The woman must be in a domestic relationship with the respondent and must have been living in the shared household at some point in time. The section also provides for certain exceptions where the woman can be excluded from the right to reside, such as if she has been evicted by a court order or if the shared household belongs to the respondent’s parents or other relatives.
In conclusion, Section 17 of the DV Act is a crucial provision that recognizes the right of women to reside in the shared household and provides them with legal protection against dispossessions or eviction. The section serves as a powerful tool for women who face domestic violence and seeks to ensure that they have a safe and secure place to reside.