Right to reside in a shared household
Section 17 of the Protection of Women from Domestic Violence Act, 2005 deals with right to reside in a shared household. Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. The Act came into force on 26 Oct 2006.
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Section 17, The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Satish Chander Ahuja v. Sneha Ahuja
Court's Decision & Legal Precedent
DV Act s.2(s) 'shared household' is not limited to a household the woman jointly owns or that belongs to the husband. A residence where she has lived in a domestic relationship — including the matrimonial home owned by the father-in-law — can be a shared household. s.17 right to reside and s.19 residence orders apply; S.R. Batra v. Taruna Batra was wrongly decided on this point.
On this section: Right to reside in a shared household includes the matrimonial home owned by the father-in-law where she lived in a domestic relationship.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 17
What have the courts held on Section 17 of the Protection of Women from Domestic Violence Act?
Satish Chander Ahuja v. Sneha Ahuja (15 Oct 2020) is the leading judgment on this section among those set out below: Right to reside in a shared household includes the matrimonial home owned by the father-in-law where she lived in a domestic relationship.
How do I find court cases under Section 17 of the Protection of Women from Domestic Violence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: DV Act 17, section 17 DV Act, section 17 of the Protection of Women from Domestic Violence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Satish Chander Ahuja v. Sneha Ahuja (15 Oct 2020).
When did Section 17 of the Protection of Women from Domestic Violence Act come into force?
Section 17 of the Protection of Women from Domestic Violence Act, cited as DV Act 17, came into force on 26 Oct 2006, having been enacted on 13 Sep 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions623 words
- 3. Definition of domestic violence482 words
- 37. Power of Central Government to make rules443 words
- 19. Residence orders431 words
- 9. Duties and functions of Protection Officers360 words
- 20. Monetary reliefs336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.