Section 17 PWDV Act – After divorce, no right to shelter
Judgment dated 21.8.2025 of the High Court of Delhi in MAT.APP.(F.C.) 348/2024 of Kuldeep Kaur Vs. Swaran Kaur ( deceased ) through L.Rs. with connected matters.
Section 17 -PWDV Act – Right to reside in a shared household after after divorce
A plain reading of Section 17 confers on every woman in a domestic relationship the right to reside in the shared household irrespective of whether she has any right, title or beneficial interest in the same. However, this right is not indefeasible. It does not create proprietary interest in the interest and is subject to lawful eviction.
However, once the marriage is dissolved by a decree of divorce, the domestic relationship comes to an end and the right of residence no longer survives.
On 19.11.2019, the decree for divorce was passed and the marriage of the appellant was dissolved.
HELD that the appellant’s claim of residence as a member of a shared household under the PWDV Act does not survive the dissolution of marriage.
