Asked by a reader in Bengaluru

Can my husband or in-laws throw me out of the house?

Answered by Advocate Sharan Jain··Family & Divorce Law

Short answer

Not lawfully, while proceedings are on foot or a residence order exists. Section 17 of the Domestic Violence Act gives every woman in a domestic relationship the right to reside in the shared household, and she cannot be evicted except by procedure established by law.

The short answer is no, not by simply putting your belongings outside the door. The law gives a specific and enforceable protection here.

The right to residence

Section 17 of the Protection of Women from Domestic Violence Act, 2005 provides that every woman in a domestic relationship has the right to reside in the shared household, whether or not she has any right, title or beneficial interest in it. She shall not be evicted or excluded from it save in accordance with the procedure established by law.

What counts as a shared household

This was long disputed. In Satish Chander Ahuja v. Sneha Ahuja (2020) the Supreme Court held that a shared household can include a house belonging to a relative of the husband, such as the father-in-law, where the woman has lived in a domestic relationship, and it overruled the narrower earlier view in S.R. Batra v. Taruna Batra. So a property in the in-laws' name is not automatically outside the Act.

A right to reside is not a right to own
This is the crucial distinction. The residence right protects occupation; it does not transfer any share in the property. The owner can still pursue a civil suit asserting title, and courts will decide the residence claim and the ownership claim on their own footings, often directing alternative accommodation of the same standard or rent instead of continued occupation.

What to do if you are being pushed out

  1. File an application before the Magistrate under the PWDVA seeking a residence order under Section 19, and an interim or ex parte order if the threat is immediate.
  2. Ask specifically for restraint on dispossession, on alienating or disposing of the household, and on renouncing rights in it.
  3. Call the police and record the incident. A written complaint creates the contemporaneous record that decides these cases.
  4. Photograph the household and your belongings, and preserve any messages threatening eviction.

If you have already been put out

The Magistrate can order that you be restored to possession of the shared household. Move quickly, because the longer the exclusion continues, the more likely the court is to lean toward ordering alternative accommodation instead.

Nothing there yet? Send the question in and it gets answered here.

Related legal service

Dealing with this yourself rather than reading about it? Our Bangalore advocates work in this area.

Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 17, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

Family & Divorce

What are the actual steps to file a domestic violence case?

Gather evidence first, then approach the Protection Officer, a registered service provider or the Magistrate directly. You can seek protection, residence, monetary relief and interim custody orders in the same application.

Family & Divorce

My in-laws are refusing to return my streedhan. What can I do?

Streedhan is your absolute property and your husband or in-laws are only custodians. Build a documented inventory, send a written demand, and pursue recovery through the domestic violence proceedings, a civil claim, and where retention is wrongful, a criminal complaint.

Family & Divorce

How is property divided after a divorce in India?

India has no community of property regime. Assets follow title and proven contribution, so a house in one spouse's sole name does not automatically become divisible. The financial adjustment usually happens through permanent alimony rather than a property split.

Family & Divorce

We are in a live-in relationship. What legal rights do we actually have?

Living together is not an offence and is constitutionally protected. A relationship in the nature of marriage brings protection under the Domestic Violence Act, including maintenance and residence, and children born of such a relationship are legitimate and inherit from their parents.

Family & Divorce

Is joint custody actually possible in India, or is it just a Western idea?

It is possible and increasingly ordered, though no statute uses the term. Courts achieve it through detailed parenting arrangements: shared decision-making, defined residence blocks and structured access, usually where both parents live in the same city and can co-operate.

Family & Divorce

My spouse filed the case in another state. Can I have it transferred?

Yes. A transfer petition lies under Section 25 of the Civil Procedure Code before the Supreme Court where the transfer is between states, and under Section 24 before the High Court within a state. Courts have historically leaned toward the convenience of the wife.

S Jain & Attorneys · Ask Me

Still not the question you had in mind?

Search the column, or send your question in. Questions of general interest are answered here, anonymously, so the next person does not have to ask.