Arnav Bose v. Nilima Bose & Others
Bench: Division Bench — Supreme Court
Parties
Facts of the Case
A wife filed an application under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) seeking the right to reside in the matrimonial home — the 'shared household' — from which she had been ousted. The husband and his family challenged her right to reside in the property on the ground that it was not owned by the husband but was owned by the husband's parents. The question was whether a property owned by the in-laws (not by the husband) could be considered a 'shared household' under Section 2(s) PWDVA, giving the wife a right to reside under Section 17.
Legal Issues Before the Court
- 1Can a property owned by the husband's parents (in-laws) qualify as a 'shared household' under Section 2(s) of the PWDVA, conferring a right of residence on the aggrieved wife?
- 2What is the scope of the right of residence in a shared household under Section 17 PWDVA?
- 3Can an aggrieved woman be evicted from a shared household without following the procedure under the PWDVA?
The Judgment
The Supreme Court applied the definition of 'shared household' under Section 2(s) PWDVA — which includes a household where the aggrieved person lives or has at any stage lived in a domestic relationship, regardless of whether it is owned or tenanted by the respondent or jointly owned or tenanted, or whether it belongs to the joint family of which the respondent is a member. On the definition, a property owned by the husband's parents in which the couple lived can constitute a 'shared household' if the wife had lived there in a domestic relationship. The Court reaffirmed that an aggrieved woman cannot be summarily evicted from the shared household — any eviction or alteration of access must be through a protection order or residence order passed under the PWDVA, not through civil or criminal proceedings bypassing the Act.
Key Principles Laid Down
SHARED HOUSEHOLD — BROAD DEFINITION: A 'shared household' under Section 2(s) PWDVA includes any household where the aggrieved woman has lived in a domestic relationship — regardless of ownership. Property owned by in-laws (husband's parents) in which the couple lived can be a shared household.
RIGHT TO RESIDE — SECTION 17: Under Section 17 PWDVA, every woman in a domestic relationship has the right to reside in the shared household, regardless of whether she has any title or right in it. This right can only be curtailed by a residence order from a Magistrate — not by unilateral eviction.
NO SUMMARY EVICTION: An aggrieved woman cannot be summarily or forcibly removed from the shared household — any alteration of her right of residence must follow the PWDVA process. Eviction without a court order under the PWDVA violates both the Act and Article 21.
SATINDER KAUR QUALIFIED: This case must be read alongside the Constitution Bench decision in Satinder Kaur v. State of Punjab (reference pending on the exact scope of 'shared household'), which examined whether the right of residence extends only to the husband's properties or also to joint family / in-law properties.
Impact on Indian Law
Arnav Bose (2021) reinforces the expansive interpretation of 'shared household' under PWDVA, protecting women from summary eviction from matrimonial homes irrespective of ownership. It is cited in all proceedings under Section 17 PWDVA where ownership of the household is contested. Read together with Hiral Harsora (2016) on respondent gender-neutrality, the two cases significantly strengthen the practical operation of the PWDVA.
Frequently Asked Questions
Does a wife have the right to reside in a house owned by her in-laws under the Domestic Violence Act?
Yes, potentially. Under Section 2(s) PWDVA, a 'shared household' includes any household where the aggrieved woman has lived in a domestic relationship — regardless of who owns it. Arnav Bose (2021) confirmed that a property owned by the husband's parents in which the couple lived can qualify as a shared household. The wife's right to reside under Section 17 PWDVA cannot be removed by summary eviction — only through a residence order from a Magistrate under the PWDVA.