WHAT IS SHARED HOUSE HOLD IN TERM OF DOMESTIC VIOLENCE CASE?

For better understanding the term “shared house hold” it is necessary to read few important definitions as given in the Protection of Women from Domestic Violence Act 2005.

According to Section 2(a) “aggrieved person” means any person, who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

“Domestic Relationship” has been defined in Section 2(f) in following words:-“(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

The expression “respondent” is defined in Section 2 (q) in following words:- “(q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

The words “adult male” as occurring in Section 2(q) has been struck down by the Supreme Court in the case of Hiral P. Harsora and Ors. Vs. Kusum narottamdas Harsora and Ors., (2016) 10 SCC 165. Consequently, the respondent can also be a female in domestic relationship with the aggrieved person.

The next definition, which is relevant to be noticed is Section 2(s), which defines shared household. Shared household is defined in following words:- “(s) "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.

Section 3 defines “domestic violence”. Sections 4 to 11 occurring in Chapter III deals with powers and duties of protection officers, service providers etc.

Section 12 occurring in Chapter IV –“Procedure for obtaining orders of reliefs” deals with details of application to Magistrate.

Section 12 is as follows:- “12. Application to Magistrate.-(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. (2) The relief sought for under subsection (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such

person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. (3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto. (4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of

the application by the court. (5) The Magistrate shall Endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its first hearing.

Section 17 provides that every woman in a domestic relationship shall have the right to reside in the shared household.

Section 17 is as follows:-17. Right to reside in a shared household.-(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. (2) The aggrieved person 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.” Section 18 deals with protection orders. Section 19 deals with residence orders. Section 20 deals with monetary reliefs. Section 23 deals with power to grant interim and ex parte orders. Section 26 deals with relief in other suits and legal proceedings.

In the case of S.R. Batra and Anr.Vs. Taruna Batra, (2007) 3 SCC 169, the two-Judges bench of the Supreme Court held that the wife is entitled only to claim a right under Section 17(1) to residence in a shared household and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. The observation of the Court in paragraphs 24, 25 and 26 were made while considering the expression “person aggrieved lives or at any stage has lived”. The Court observed in paragraph 26 that if the interpretation canvassed by

learned counsel for the respondent is accepted that the house of the husband’s relative where respondent resided shall become shared household, shall lead to

chaos and would be absurd. The expression “at any stage has lived” occurs in Section 2(s) after the words “where the person aggrieved lives”. The use of the

expression “at any stage has lived” immediately after words “person aggrieved lives” has been used for object different to what has been apprehended by the Court in paragraph 26.

The expression “at any stage has lived” has been used to protect the women from denying the benefit of right to live in a shared household on the ground that on the date when application is filed, she was excluded from possession of the house or temporarily absent. The use of the expression “at any stage has lived” is for the above purpose and not with the object that wherever the aggrieved person has lived with the relatives of husband, all such houses shall

become shared household, which is not the legislative intent. The shared household is contemplated to be the household, which is a dwelling place of aggrieved person in present time. When we look into the different kinds of orders or reliefs, which can be granted on an application filed by aggrieved person, all orders contemplate providing protection to the women in reference to the premises in which aggrieved person is or was in possession.The above conclusion is further fortified by statutory scheme as delineated by Section 19 of the Act, 2005. In event, the definition of shared household as occurring in Section 2(s) is read to mean that all houses where the aggrieved person has lived in a domestic relationship along with the relatives of the husband shall become shared household; there will be number of shared household, which was never contemplated by the legislative scheme. The entire Scheme of the Act is to provide immediate relief to the aggrieved person with respect to the shared household where the aggrieved person lives or has lived. As observed above, the use of the expression “at any stage has lived” was only with intent of not denying the protection to aggrieved person merely on the ground that aggrieved person is not living as on the date of the application or as on the date when Magistrate concerned passes an order under Section 19.

Satish Chander Ahuja Vs. Sneha Ahuja Civil Appeal No.2483 of 2020 dated 15.10.2020 Supreme Court. In this land mark judgment the Hon’ble Supreme Court has held that the term “shared household” under Section 2(s) does not only mean a household of the joint family of which husband is a member or in which husband of the aggrieved person has a share. Instead, it means the household belonging to any relative of the husband with whom the women has lived in a domestic relationship. The Supreme Court observed that the apprehension expressed by this Court in paragraph 26 in S.R. Batra Vs. Taruna Batra (supra), thus, was not true apprehension and it is correct that in event such interpretation is accepted, it will lead to chaos and that was never the legislative intent. We, thus, are of the considered opinion that shared household referred to in Section 2(s) is the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use or she is temporarily absent. The words “lives or at any stage has lived in a domestic relationship” have to be given its normal and purposeful meaning. The living of woman in a household has to refer to a living which has some permanency. Mere fleeting or casual living at different places shall not make a shared household. The intention of the parties and the nature of living including the nature of household have to be looked into to find out as to whether the parties intended to treat the premises as shared household or not. As noted above, Act 2005 was enacted to give a higher right in favour of woman. The Act, 2005 has been enacted to provide for more effective protection of the rights of the woman who are victims of violence of any kind occurring within the family. The Act has to be interpreted in a manner to effectuate the very purpose and object of the Act. Section 2(s) read with Sections 17 and 19 of Act, 2005 grants an entitlement in favour of the woman of the right of residence under the shared household irrespective of her having any legal interest in the same or not. In paragraph 29 of the judgment in S.R. Batra Vs. Taruna Batra (supra) it is held that wife is only entitled to claim a right to residence in a shared household and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. The definition of shared household as noticed in Section 2(s) does not indicate that a shared household shall be one which belongs to or taken on rent by the husband. We have noticed the definition of “respondent” under the Act. The respondent in a proceeding under Domestic Violence Act can be any relative of the husband. In event, the shared household belongs to any relative of the husband with whom in a domestic relationship the woman has lived, the conditions mentioned in Section 2(s) are satisfied and the said house will become a shared household. The Supreme Court further observed that “we are of the view that this court in S.R. Batra Vs. Taruna Batra (supra) although noticed the definition of shared household as given in Section 2(s) but did not advert to different parts of the definition which makes it clear that for a shared household there is no such requirement that the house may be owned singly or jointly by the husband or taken on rent by the husband. The observation of this Court in S.R. Batra Vs. Taruna Batra (supra) that definition of shared household in Section 2(s) is not very happily worded and it has to be interpreted, which is sensible and does not lead to chaos in the society also does not commend us. The definition of shared household is clear and exhaustive definition as observed by us. The object and purpose of the Act was to grant a right to aggrieved person, a woman of residence in shared household. The interpretation which is put by this Court in S.R. Batra Vs. Taruna Batra (supra) if accepted shall clearly frustrate the object and purpose of the Act. We, thus, are of the opinion that the interpretation of definition of shared household as put by this Court in S.R. Batra Vs. Taruna Batra (supra) is not correct interpretation and the said judgment does not lay down the correct law”. As such the earlier concept of shared house hold as given in the case of S.R. Batra and Anr.Vs. Taruna Batra, (2007) 3 SCC 169 has been overruled by the recent land mark Judgment of Satish Chander Ahuja Vs. Sneha Ahuja Civil Appeal No.2483 of 2020 dated 15.10.2020 Supreme Court.