Woman Has No Right To Residence Under Domestic Violence Act After Divorce Unless Contrary Statutory Right Show

The Delhi High Court has held that a woman cannot claim the right to residence under Section 17 of the Domestic Violence Act once her marriage is dissolved, unless another statutory right applies.

The Bench dismissed a daughter-in-law’s appeal against eviction by her mother-in-law’s heirs, noting that the domestic relationship ended with her 2019 divorce.

The Court said her financial contributions created no enforceable ownership rights and upheld the Family Court’s eviction order, allowing her six months to vacate. It clarified that Section 17 applies only while a domestic relationship exists.

(Kuldeep Kaur v. Swaran Kaur (Deceased) Through LRS)