Yes, a woman can claim the right to live in her matrimonial home even if the house is in her husband’s parents’ name, under certain legal provisions in India, particularly under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). However, this right is not absolute and depends on the facts of each case and the interpretation of “shared household” by the courts.
1. Legal Basis of the Right to Live in Matrimonial Home
The main law that governs this right is Section 17 of the Domestic Violence Act, 2005, which clearly states:
“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.”
This means:
- Even if the woman’s name is not in the ownership documents,
- Even if the property belongs to her in-laws,
- She has the right to live there if it qualifies as a shared household.
2. What is a “Shared Household”?
Under Section 2(s) of the PWDVA, a shared household means:
- A house where the aggrieved woman lives or has lived in a domestic relationship,
- Either singly or along with the husband or his relatives,
- Whether the property is owned or rented jointly or by any one of them.
Key Judicial Interpretations:
- S.R. Batra v. Taruna Batra (2007) 3 SCC 169) – The Supreme Court held that a “shared household” does not mean every house of the husband’s relatives; it refers only to the house where the couple has lived together as husband and wife. In this case, since the property exclusively belonged to the mother-in-law and was not the matrimonial home in the legal sense, the wife could not claim residence rights there.
- Satish Chander Ahuja v. Sneha Ahuja (2020) 11 SCC 415 – The Supreme Court expanded the interpretation, holding that a wife can claim the right to reside in a property owned by the in-laws if it was her shared household, meaning she lived there in a domestic relationship and treated it as her matrimonial home.
3. Procedure to Claim Right of Residence
If a woman is being threatened with eviction from her matrimonial home (even if in-laws are the owners), she can:
Step 1 – File an application under Section 17 & 19 of the PWDVA
- Seek a residence order from the Magistrate’s Court.
- Request that she be allowed to reside in the shared household without interference.
Step 2 – Interim Protection
- She can also seek interim residence orders to prevent immediate eviction while the case is pending.
Step 3 – Police Assistance
- The Magistrate may direct the police to help enforce her right to stay in the house.
Step 4 – Alternative Accommodation
- If the court finds it unsuitable for her to live with the in-laws due to safety or other reasons, it can direct the husband to provide an alternative house or pay rent.
4. Limitations of This Right
While the Domestic Violence Act gives protection, there are certain limitations:
- If it is proven that the house was never her matrimonial home and she never lived there, she cannot claim it as a shared household.
- If she and her husband lived in rented premises elsewhere, she generally cannot insist on living in the in-laws’ separate property.
- If the property is exclusively self-acquired by the in-laws and there is no evidence that it was the matrimonial home, courts may deny residence rights (as in Taruna Batra case).
5. Practical Example
If a wife has been living in her husband’s parents’ house since marriage, and after a dispute the in-laws try to evict her, she can file a petition under the PWDVA and get a residence order, even if the ownership papers are in the parents’ name.
However, if she has never lived there and it was not her matrimonial home, she may not succeed.
6. Conclusion
A woman can claim the right to live in her matrimonial home under the Domestic Violence Act even if the house is in her husband’s parents’ name, provided it qualifies as her shared household. The protection is meant to prevent arbitrary eviction and ensure her dignity, but the success of such a claim depends on evidence of her residence and domestic relationship in that property.
FAQs on Right to Live in Matrimonial Home Owned by In-laws
Q1. Can I live in my in-laws’ house after they ask me to leave?
Yes, if the house is your matrimonial home where you have lived with your husband, you can seek residence rights under Section 17 & 19 of the Domestic Violence Act.
Q2. Will I become the owner of the house if I get residence rights?
No. Residence rights only allow you to live there; ownership remains with the legal owner.
Q3. Can in-laws evict me without a court order?
No. If you have been granted residence rights by the court, they cannot evict you without due legal process.
Q4. What if my husband moves to another city but my in-laws want me to leave?
You can still claim the right to reside in the shared household as long as it was your matrimonial home.
Q5. What if my in-laws sell the house?
If the property is sold, the court can direct your husband to provide you with alternative accommodation.
Q6. Does this right apply to women in live-in relationships?
Yes, if the live-in relationship meets the criteria of a “domestic relationship” under PWDVA, similar residence rights can be claimed.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304