Protection of Women from Domestic Violence Act, 2005
Section 17—Entitlement to reside in a shared household—Law does not require that only a woman who is subjected to domestic violence is entitled to right of a shared residence—It is a right available to every woman who is in a domestic relationship.
[Para 20]
Sections 17 & 19 read with Section 26—Dismissal of application seeking right to residence—Appeal—Appellant is claiming  a right of shared residence in the property which is the house of the brother of the respondent which had been purchased by him—Said property was purchased two years after the parties shifted to the rental accommodation—No averment whatsoever in the entire pleading or in any application that the house of the brother of the respondent is a "shared household"—In the absence of there being any averment of her having ever lived in that property, the appellant cannot claim "right to residence" in the said house—Appellant has not been able to establish that the said property was ever a shared household—Moreover, the circumstances, show that appellant is getting maintenance which may be able to account for her expenses for the house and also she has an alternate residence in so much as she is residing in her parental home in which the respondent has asserted that the appellant has 1/3rd share after the demise of her father—Moreover,  HYPERLINK "https://indiankanoon.org/doc/423050/" Section 26(2) of the Domestic Violence Act also provide her liberty to initiate any legal proceedings before any criminal or civil law—No error found in the impugned order calling for interference by the High Court—Appeal dismissed.
[Para 28]
Section 19(f)—Alternative accommodation—Appellant has not preferred any proceedings under the  HYPERLINK "https://indiankanoon.org/doc/542601/" Domestic Violence Act nor filed any complaint under any provisions of law alleging cruelty or dowry demand by respondent or his family members also not claimed restitution of conjugal rights—Even in the absence of any complaint, a wife can claim “shared household” but at the same time applicability of the said provisions of law have to be made in the light of facts and circumstances of each case—Even if appellant’s plea that she was subjected to cruelty by the respondent-husband is accepted, still she did not invoke provisions of  HYPERLINK "https://indiankanoon.org/doc/1130386/" Section 19(f) of the Act which provides for alternative accommodation or payment of rent thereof.
[Para 30]