The Delhi High Court, in a significant judgment delivered on Monday, clarified that under Section 17 of the Protection of Women from Domestic Violence Act (PWDVA), a woman has the right to reside in a shared household but this does not grant her any ownership or title over the property belonging to her in-laws.

A division bench of Justice Suresh Kumar Kait and Justice Harish Vaidyanathan Shankar observed that the law ensures a woman’s right of residence for her safety and dignity, but this right cannot be interpreted as a claim to the possession or ownership of the property.

The court emphasized that disputes often arise when the daughter-in-law insists on continuing to live in her in-laws’ house despite matrimonial discord. Such insistence, the court noted, can disturb the peace and privacy of senior citizens, especially when the relationship between the couple has deteriorated.

The bench cited previous Supreme Court rulings that consistently held that a daughter-in-law cannot seek an absolute right to reside in the property owned by her parents-in-law. The protection granted by PWDVA, it said, is limited to ensuring her safety, dignity, and shelter — not ownership or control of the premises.

The judgment came in response to a plea filed by elderly parents-in-law who stated that their daughter-in-law’s continued stay in their home, amid an ongoing marital dispute, had created an atmosphere of tension and had adversely affected their health and well-being.

The court reiterated that a woman’s right to residence must be balanced with the rights of senior citizens, particularly when the property exclusively belongs to them. It further observed that forcing aged parents to live in a hostile environment violates their fundamental right to live peacefully.