Domestic Violence -- Shared Household -- Separate Living Arrangement with Mother-in-Law -- Independent floor with separate entrance and kitchen does not constitute shared household
(i) Protection of Women from Domestic Violence Act, 2005, S.2(s) -- Shared Household -- Separate Living Arrangement with Mother-in-Law -- A property is a shared household only where the aggrieved woman lived there in a domestic relationship with some degree of permanency, not under a temporary or fleeting arrangement. Occupation of a separate floor with independent entrance and kitchen, with no joint residence with the in-laws, does not establish such a relationship, and the occupation is that of a permissive licensee. (ii) Protection of Women from Domestic Violence Act, 2005, S.17 -- Right of Residence -- Right Against Husband and Not Mother-in-Law -- A right of residence and maintenance arising out of the marital relationship is enforceable against the husband and cannot be claimed against the mother-in-law as owner of the property. The statutory right of a daughter-in-law cannot convert temporary familial accommodation into a permanent right of residence against the absolute owner.
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