IndiaI'm a domestic violence victim. Can I get residence rights?
Yes, as a domestic violence victim in India, you have the right to reside in the shared household under the Protection of Women from Domestic Violence Act, 2005 — even if you don’t own or rent it.
What the Law Says
The law explicitly protects your right to live in the shared household — the home you lived in with the abuser — regardless of ownership or tenancy rights.
Under the Protection of Women from Domestic Violence Act, 2005, you have the right to reside in the 'shared household' — meaning a house where you lived with the respondent (abuser) at any point in time, whether owned, rented, or otherwise occupied by them.
This right is not dependent on your name being on title deeds, rent agreement, or payment of rent. It applies even if the house belongs solely to the abuser or their family.
The Magistrate can pass an order directing the respondent to not evict or exclude you from the shared household — and may also direct them to provide alternate accommodation if necessary.
Statutory TextNotwithstanding 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.
— Protection of Women from Domestic Violence Act, 2005, s. 17(1) — Right to reside in shared household
Statutory TextThe Magistrate may, by order, restrain the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household.
— Protection of Women from Domestic Violence Act, 2005, s. 19(1)(a) — Residence order
What Courts Have Said
Indian courts have consistently upheld that residence rights under Section 17 are substantive and immediate — not conditional on property rights.
The Supreme Court held that 'shared household' includes premises owned or rented by the husband or his family, and the wife’s right to reside there is independent of ownership or title.
Reaffirmed that residence rights under Section 17 are enforceable immediately upon filing an application, and cannot be denied merely because the woman is not a co-owner or tenant.
What to Do
File an application before the local Magistrate under Section 12 of the DV Act seeking a residence order (Form II under DV Rules).
Attach evidence of domestic violence (medical reports, messages, witness statements) and proof of shared residence (utility bills, photos, rent receipts, affidavits).
Request interim relief — the Magistrate must decide within 3 days of application (Section 12(2)).
If the order is violated, file a complaint under Section 31 — punishable with up to 1 year imprisonment and/or fine.
Approach a Protection Officer or Service Provider (listed on ncw.nic.in) for free legal aid and assistance in filing.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.