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The term shared household is the residence where the petitioner lives or lived

with the respondent in a domestic relationship. The presence of other individuals


does not disqualify what is otherwise a shared household. There is no
requirement that the petitioner that the aggrieved women currently live in the
shared household it is sufficient for purposes of section 2(e) that lived together at
some point of time in a domestic relationship .
In recent Judgment in VANDANA VS T. SRIKANTH AND ORS ( 2007 (6) MLJ
205 ( MAD) Honble High court of Madras held that it is the right of aggrieved
wife to reside u/s 17 of the Act and it is her dejure right to live in the shared
household because of her status as a wife in the domestic relationship . In the
said ruling Respondent-Husband taken the plea that he and his wife never
resided in the shared house for single day but not taking that plea into
consideration it is held that Wife can reside in the matrimonial home as of right .
In B.ACHALA ANAD VS APPIREDDY : 2005 (3) SCC 313 :Honble Supreme
court held that wife has the right to reside in the matrimonial home and also held
that right to reside includes right to maintenance .
4. Right to reside in the shared household is the heart of the legislation Section
17(1) unambiguously gives women facing domestic violence the right to reside in
the shared household under section 17(2) specifies that women in a domestic
relationship cannot be dispossessed from any part of the shared household
except in accordance with established legal procedures.
5.As per section 17 of the Act A wife has a right to reside in the matrimonial
home and no one can deny that right except according to the procedural
established under the law she cannot be evicted from the house of matrimonial
home

it is the right of a married woman to reside at the place where her

husband is residing.

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