Concept of "Shared Household"

As per Section 2(s) of the Protection of Women from Domestic Violence Act "shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.

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The concept of shared household is essential to fulfil the objective of the Act. It is important to know that the woman is entitled to her rights in the shared household irrespective of the it is in the name of both or the man or other relatives. It is essential to understand the family systems in India where children continue to live with their parents. However, there is a major critic in the same. When women are only entitled to shared household, they have no rights on any other kinds of property. That is to say if the property is only owned by the joint family of which the husband is the member. Intention of the courts has always been to secure the rights of the aggrieved person or the victim of the domestic violence. They can seek the help of various courts to pass protection orders or residence orders so that the person is not further tortured. However, in various cases where the definition was narrowed of shared household, it led to trouble.

 

In the case of A.R. Hashir v Seema and Ors., it was held that a residence belonging to the mother in law or father in law would not be a shared household. In the case of GA Ferris v Svetlana Alexandrovna, the court held that the property in the name of the mother in law would not amount to shared household and hence wife cannot claim anything on the property. In the case of Suman v Tusli Ram, it was held that daughter in law cannot have a shared household claim on the property of her father in law. 

Also read - Landmark cases on "Shared Household"