Delhi High Court Says Woman’s Right to Reside in Shared Household Cannot Override Husband's Partition Rights

The Delhi High Court held that a woman’s right to reside in a shared household under Section 17 of the Protection of Women from Domestic Violence Act, 2005, does not override her husband's lawful right to seek partition or assert ownership in civil proceedings.

Dismissing a divorced woman’s appeal, the Delhi High Court affirmed the Family Court's ruling that both parties held 50% ownership in the suit property.

The Court observed that the woman’s right of residence is not absolute and cannot prevent lawful civil remedies. 

The husband’s partition suit followed due process and thus did not amount to unlawful eviction.

[Smita Jina v Amit Jina]