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Wife's Right to Shared Household Under DV Act Doesn’t Bar Partition of Matrimonial Home Between Divorced Couple: Delhi High Court

06 Aug 2025 3 min read
Wife's Right to Shared Household Under DV Act Doesn’t Bar Partition of Matrimonial Home Between Divorced Couple: Delhi High Court

In a recent decision, the Delhi High Court clarified that a woman’s right to reside in a shared household under Section 17 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) does not override the lawful rights of co-owners, including the husband, to seek partition or enforcement of ownership through civil proceedings. Appeal by divorced woman dismissed; claim of exclusive possession denied A Division Bench of Justice…

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