Protection of Women from Domestic Violence Act, 2005
Section 17—Right of residence in a shared household—A divorced woman cannot claim right of residence in a shared household—But divorce woman staying in a shared household at the time of divorce or after divorce shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law—Order of the Magistrate directing petitioner to vacate the house of respondent within one month—Unsustainable—Petitioner could not be evicted except in accordance with the procedure established by law, as specifically provided under Section 17(2) of the DV Act—No such legal procedure is adopted by the respondent to get eviction of the petitioner—Second relief granted by trial court and confirmed by appellate court would not be sustain in the eye of law and same is set aside—It is specifically made clear that the respondent is at liberty to evict the petitioner from the so called shared household as per law.
[Para 18 to 21]