Concept of Matrimonial Home under Domestic Violence Act 2005 and Hindu Marriage Act, 1955

Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes falls under the definition of shared household .

In the judgement as passed by the Supreme Court in S.R. Batra and Anr. vs. Smt. Taruna Batra (2007) 3 SCC 169 dated 15.12.2006 the Court dealt with the issue relating to Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes falls under the definition of shared household . The holding arrived at in this matter can certainly be considered as timeless ratio and worth including in this category. • They (the husband and wife) may have lived together in various places e.g. with the husband’s father, husband’s paternal grandparents, etc. However, none can be claimed to be treated as shared households by the wife merely because she had stayed with her husband for some time in those houses in the past. If the above position is allowed to exist, the same would lead to chaos and would be absurd. • Wife if decides to make claim for alternative accommodation, such claim can only be made against the husband and not against her in-laws or other relatives. • Wife is entitled to make claim for residence in a shared household if where house belongs to or has been taken on rent by her husband, or if such house belongs to the joint family of which the husband is the member. • Thus, the rights which may be available under any law, though no such exist in India, as on date, can only be as against the husband and not against the father-in-law or mother-in- law.