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Can the wife claim residence order in the husband’s self acquired property?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Domestic Violence

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A wife who has been through domestic violence, left the matrimonial house owned by her widowed mother in law. Can the wife claim residence order in the husband’s self acquired property? Her Husband has a self acquired property in the same street of matrimonial house. Can this wife get a residential order in her Husband’s self acquired property? Even though she had not lived in the self acquired property as she was living in the matrimonial house which is a shared household 

Asked from: Tamil Nadu

A person aggrieved of domestic violence can seek residence order. This relief is available in respect of shared households only. Section 2(s) of the D. V. Act, 2005 defines a shared household. It includes two kinds of house within its definition. 

Firstly, a household where the person aggrieved has lived or at any stage has lived in a domestic relationship.

Secondly, such a household whether owned or tenanted either jointly by the aggrieved person and the respondent (husband).

Your husband owns a house so you can seek a residence order in respect of his house. It doesn’t matter that you haven’t been living in that house after the marriage. 

You cannot claim such a right in respect of mother in law property when your husband has built his own house. You have an opportunity to shift in your husband’s house. 

It is the kindness of your mother in law that she allowed you to live in her home. Because of living in her house you cannot claim residence order as a matter of right [Kuldeep Singh v. Rekha 2019 Cri LJ (NOC) 543]. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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