The ‘Shared Household’ Argument & Other Fundamentals: The Protection of Women From Domestic Violence Act, 2005 (43 of 2005)

Abstract

A daughter-in-law has no right in the property which is exclusively owned by her parents-in-law and further, such property of the parents-in-law is not a ‘shared household’ under the provisions of the DVA. As per the mandate of Section 2 (q) of the DVA read with the dictum of the Hon’ble Supreme Court of India in the matter of Hiral P. Harsora & Ors V/s Kusum Narottamdas Harsora & Ors, the term “respondent” is to mean any person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under the DVA.

Keywords: Shivam Goel, Lex Unified, Domestic Violence, Daughter-in-Law