Women’s Right To Residence Under Domestic Violence Law: A Critical Study Of The Shared Household Doctrine

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Shruti Pimpalkhute, B.A. LL.B., Manikchand Pahade Law College, Aurangabad, Maharashtra

ABSTRACT

The Protection of Women from Domestic Violence Act (PWDVA), 2005, marked a significant departure from the traditional Indian family law by enshrining the "right to residence" for an aggrieved woman in a "shared household" in Section 17. But the court's interpretation of the "shared household" doctrine has been controversial. This paper traces the development of this doctrine from the narrow view in the case of S.R. Batra v. Taruna Batra (2007), which focused primarily on absolute property rights, to the modern, progressive and welfare-focused view in Satish Chander Ahuja v. Sneha Ahuja (2013) and Prabha Tyagi v. Kamlesh Devi (2015). In addition, this paper explores the present statutory conflict between the PWDVA and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This research paper examines legislative purpose, and evolving judicial interpretations, to identify the practical challenges of implementing residence orders, and suggests an alignment of legal frameworks to ensure women's right to residence.

535. WOMEN’S RIGHT TO RESIDENCE UNDER DOMESTIC VIOLENCE LAW- A CRITICAL STUDY OF THE SHARE

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