The Delhi High Court ruled that a wife has the right to live in her matrimonial home even if her husband is later disowned by his parents. The court clarified that such a house remains a “shared household” under the Domestic Violence Act.
NEW DELHI: The Delhi High Court has once again upheld the protection of a woman’s right to residence under the Protection of Women from Domestic Violence Act, 2005, saying that a wife is entitled to live in her shared house even if her husband is later disowned by his parents.
Justice Sanjeev Narula, while deciding a dispute between a daughter-in-law and her in-laws, made it clear that the house where a wife starts living immediately after marriage with her husband and his family qualifies as a shared household under the law.
The Court stated:
“The Respondent (wife) married on 14th November, 2010 and, immediately thereafter, began residing at the subject premises with her husband and in-laws. That residence brings the premises within Section 2(s): it is a household where she lived in a domestic relationship. Once that threshold is crossed, Section 17(1) confers a right of residence irrespective of title, and Section 17(2) forbids eviction except by due process. The contention that the husband moved out in 2011, or that the parents-in-law disowned him, does not denude the house of its character as a shared household.”
Case Background
The couple got married in November 2010 and began living with the husband’s parents. However, marital issues arose soon after, and they shifted to a rented accommodation in November 2011. The in-laws claimed that before the couple moved out, they had already disowned their son and stripped him of any rights over their property.
The wife, however, disputed this claim. She alleged that when she returned to the family house, she found her husband and his parents removing her belongings and shifting them to a rented room — an act that she said was an attempt to forcefully dispossess her from her matrimonial home.
Following this, the wife filed a complaint under the Domestic Violence Act (DV Act) against her husband and in-laws, seeking the right to live in her shared household — specifically, the ground floor of the property.
Meanwhile, the mother-in-law also filed her own complaint under the same Act, asking for protection from the daughter-in-law and her family, fearing that they might alienate or sell off part of the property.
The trial court, however, ruled that the mother-in-law was not an “aggrieved person” under the DV Act. Yet, it restrained the daughter-in-law and her relatives from contacting or disturbing the in-laws or interfering with their possession of the first floor.
At the same time, the court also recognized that the daughter-in-law had a valid right of residence in the ground floor as part of her shared household. It ruled that she could not be evicted nor could she be asked to pay any rent or occupation charges for staying there.
Appeals and Final High Court Ruling
Both the daughter-in-law and her in-laws challenged the decision in appeal. The Sessions Court dismissed all the appeals through a common order.
When the case reached the Delhi High Court, Justice Narula upheld the findings of the lower courts and rejected the in-laws’ argument that the wife’s stay in the house was notional or mala fide (done in bad faith). He observed that the in-laws were selectively relying on electricity bills to weaken the wife’s claim — which was not enough.
The Court emphasized that the protective orders passed by the lower courts were based on sufficient evidence and could not be overturned in revision. Justice Narula wrote:
“The Court is therefore satisfied that the existing arrangement, whereby the Petitioners occupy the first floor, and the Respondent resides on the ground floor, sufficiently accommodates both interests. It neither deprives the Petitioners of possession nor leaves the Respondent shelter less. The residence order, limited to preventing dispossession without due process, operates as a safeguard rather than a sanction. This practical balance also accords with the principle of proportionality that underlies the protective jurisdiction under the DV Act.”
Ultimately, the Delhi High Court dismissed the petition filed by the in-laws and affirmed that:
- The premises qualified as a shared household under Section 2(s) of the DV Act.
- The wife’s right of residence under Section 17(1) stood valid and enforceable.
- Orders protecting her from dispossession or property alienation were within the court’s jurisdiction and the purpose of the Act.
Key Takeaway
The ruling reinforces that a wife’s right to live in the matrimonial home cannot be taken away simply because the husband is later disowned by his parents. Once she has lived there as part of a domestic relationship, that house becomes her shared household, and she cannot be evicted without proper legal process.
Explanatory Table: Laws and Sections Mentioned
| Law / Section | Provision Name / Subject | Explanation in Simple Words |
|---|---|---|
| Section 2(s), DV Act, 2005 | Definition of Shared Household | Defines “shared household” as a place where the wife has lived with the husband or his family in a domestic relationship. Even if the property belongs to in-laws, it can still be a shared household. |
| Section 17(1), DV Act, 2005 | Right to Reside in Shared Household | Grants every woman in a domestic relationship the right to live in the shared household, irrespective of ownership or title of the property. |
| Section 17(2), DV Act, 2005 | Protection from Eviction | States that no woman shall be evicted or excluded from the shared household except by due process of law. |
| Protection of Women from Domestic Violence Act, 2005 (General) | Purpose and Scope | Provides civil remedies to women who are victims of domestic violence, including protection, residence, and maintenance orders. |
Case Summary
- Case Title: Khushwant Kaur v. Smt. Gagandeep & Anr.
- Court: High Court of Delhi
- Bench: Hon’ble Mr. Justice Sanjeev Narula
- Date of Judgment: 16 October 2025
- Case Number / Citation: CRL.REV.P. 219/2021 & CRL.M.A. 12739/2021
- Acts Involved: Protection of Women from Domestic Violence Act, 2005
- Parties: Petitioner: Khushwant Kaur (Mother-in-law) Respondent: Smt. Gagandeep (Daughter-in-law)
- Counsels: Mr. V. P. Rana, Advocate for the Petitioner Mr. Harshvardhan Jha, Advocate for the Respondent
- Result: Petition Dismissed; Wife’s Right to Reside in Shared Household Upheld
- Court Observations: The Court emphasized that the wife’s residence after marriage brings the property within the scope of “shared household.” The right of residence cannot be denied merely because the husband has been disowned later.
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