Shared Household – Domestic Violence Charges

Shared Household is the place where the bride resides after the marriage. The shared household is different from the matrimonial home. The matrimonial home is the place where the bride undertakes all the rituals after marriage. Shared household os the home or place where the bride shares the home with other family members. matrimonial home and Shared household can be the same place.

Shared Household

The definition of Shared Household is denied in Section 2(s) of The Protection of Women from Domestic Violence Act, 2005(s). It states “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.

Definitions and Judgments

The above definition is given in the Domestic Violence Act. Some of the important Judgments and decisions of the Various Courts are discussed below:
In Archana Hemani Nail vs. Urmilaben I.Naik and another, (2010) 3 Crimes 28 (Bom.) it was decided that “The house owned by the mother-in-law of the applicant cannot be treated as shared household so as to entitle the applicant to claim an order of residence in the said house.”
In Lokesh Kiran Kumar Shah vs. Shrassha Lokesh Shahs and another, 2013 (1)Crimes 208 (Bom.) it was decided that “The house which neither belongs to the husband nor belongs to the joint family of which he is a member cannot be covered by the term “Shared Household”. Whether it belongs to the mother of husband or father of husband is not a relevant factor in that regard. In the instant case, the property in question neither belonged to the husband of the petitioner nor was it taken on rent by him nor was it a joint family property of which husband was a member. The said property was the exclusive property of mother of husband. Hence, the property in question cannot be called shared household. “

Another case where share household is further clarified is Kolli Babi Sarojni,(Smt.) and others vs. Smt. Kolli Jayalaxmi and another, 2015 Cri Lj 74 (AP) it was decided that “Where the property is in dispute did not belong to joint family and the husband had no share in said property, it would not come under the definition of shared household. Hence, no relief can be claimed by wife in respect of such property. “

References : –
  1. The Protection of Women from Domestic Violence Act, 2005
  2. High Courts Judgements.

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