Delhi High Court: Woman’s Right To Reside in Shared Household Is Protective, Not Proprietary Rights

The Delhi High Court has held that a woman’s right to reside in a shared household under Section 17 of the Domestic Violence Act acts as a shield against unlawful dispossession, not a claim of ownership.

A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar ruled that the right ceases once ownership is legally established.

The order came in a daughter-in-law’s plea against eviction by her mother-in-law, who was proven owner of the property.

While upholding eviction, the Court set aside mesne profits, clarifying the Act safeguards possession, not proprietary rights.