what is a shared household?
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What is a sharedhousehold?
Jul 29, 2015 • By Umang Estates •
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The institute of marriage is consideredscared in India since time immemorial butchanging social and family environment hasled to an unfortunate rise in cases of maritaldiscord. The underlying causes ofdisharmony have resulted in disputesbetween couples that come up for
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consideration in courts, seeking relief undervarious laws. The Protection of Women fromDomestic violence Act, 2005,(‘Act') is onesuch Act which gives the right to anaggrieved woman to reside in hermatrimonial home or shared household.Under this Act, such right to seek residenceis irrespective of whether or not the womenhave any title or rights in such a home orhousehold. Therefore, for an aggrievedwoman to successfully assert her right ofresidence, it becomes imperative tounderstand the meaning of a sharedhousehold.
A shared household is one where a womaninvolved in a marital dispute related todomestic violence resides. Such a householdmay jointly belong to the man she has beenmarried to. It could also mean a house whichhas been rented by the disputing couple.
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However, shared household has beenmisunderstood on several occasionswhereby the property of husband's parentshas been wrongly categorized as sharedhousehold. Numerous cases have come upin courts where the estranged wife claimedthe right of residence in the sharedhousehold even though the house inquestion belonged to the father-in-law ormother-in-law. While deciding one of thecases, the supreme court of India has heldthat the wife is only entitled to claim a right toresidence in a shared household. A sharedhousehold refers to the house belonging toor taken on rent by the husband or the jointproperties in which the husband has a share.The Supreme Court also held that the rightwhich may be available under any law canonly be against the husband involved in themarital dispute and not against the father-in-
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law or mother-in-law.
In a recent judgment, the Delhi High Courtalso held that the daughter-in-law has noright to continue to occupy property self-acquired by her parents-in-law against theirwishes more so when her husband has noindependent right there in nor is living there,as it is not a shared household within themeaning of the Act. However the wife is
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entitled to claim a right in a sharedhousehold which means a house belongingto or taken on rent by the husband or ahouse which belongs to the joint family ofwhich husband is a member.
The daughter-in-law cannot assert her rights,if any, in the property of her parents-in-lawwherein her husband has no rights, title orinterest she cannot continue to live in such ahouse of her parents-in-law against theirconsent and wishes.
The judgment has said that there is noobligation on parent-in-law to provideresidence to their daughter-in-law unless it isa shared household. Real Estate consultantin Noida
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About the Author
Umang Estates
Authored by Mr. Sunil Tyagi, a senior partner at ZeusLaw, a corporate commercial law firm. the article waspublished in ‘HT ESTATES' on 2... (show bio)
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