⚖️ Legal Learning | Shri Ganpati Jurists
Case: Khushwant Kaur v. Smt. Gagandeep Sidhu (Delhi High Court)
Law: Protection of Women from Domestic Violence Act, 2005
🏠 Shared Household – Ownership
Irrelevant
Even if the property belongs exclusively to i
n-laws, it can still be a “shared household” under Section 2(s) if the woman lived there with her husband.
Ownership is immaterial for the right of residence under Section 17.
The woman cannot be dispossessed except by due process of law.
🛑 Protection Against Alienation
Under Section 19(1)(d), the Magistrate can restrain respondents from selling, transferring, or encumbering the shared household.
Such orders preserve the status quo and prevent dispossession, without granting ownership rights.
👩👩👦 Domestic Relationship & Continued Protection
A “domestic relationship” under Section 2(f) includes cases where the parties had lived together in a shared household at any time.
The right of residence continues even after cohabitation ends, ensuring continued protection for the woman.
⚖️ Balanced Approach
Courts can ensure coexistence in separate portions of the house — safeguarding the woman’s right of residence without depriving the lawful owners of their possession.
🏛️ Reliefs under Section 26
Reliefs under the DV Act can also be sought before civil courts.
DV courts retain power to grant protective orders against dispossession, without deciding ownership or title.
🔍 Key Takeaway
Right of residence under the DV Act is protective, not proprietary.
A property owned by in-laws can still qualify as a shared household if the woman lived there with her husband.
#ShriGanpatiJurists #LegalLearning #DVAct #SharedHousehold #RightOfResidence #DelhiHighCourt #DomesticViolenceLaw #WomenRights #CrPC #LegalUpdate#LawyersInBathinda #AdvocatesInBathinda #LawyersBathinda #AdvocateBathinda #LegalHelpBathinda #BathindaAdvocates #BathindaLawyers #LegalServicesBathinda #LawyersPunjab #AdvocatesPunjab #LegalHelpPunjab #PunjabLegalExperts #LegalAdviceIndia #IndianLawFirm #LegalAwareness #KnowYourRights #LegalSupport