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Daughter Has Right to Reside in Ancestral Home — Harpreet Kaur

Section 17 of the Protection of Women from Domestic Violence Act, 2005 confers an unqualified right to reside in the shared household, including the parental home, regardless of legal title.

Harpreet Kaur v. Manvinder Singh

Core Argument

Section 17 of the Protection of Women from Domestic Violence Act, 2005 confers an unqualified right to reside in the shared household, including the parental home, regardless of legal title. The appellant, being an unmarried daughter, has a legitimate right to live in her ancestral property.

Key Precedents

  • Satish Chander Ahuja v. Sneha Ahuja (2021) 1 SCC 414 — Supreme Court held that the concept of shared household includes the parental home of the husband or father, and a daughter has the right to reside there even without legal title.
  • S. Vanitha v. Deputy Commissioner, Bengaluru (2021) 15 SCC 730 — Supreme Court held that the right to reside in shared household under Section 17 of the DV Act is enforceable even against parents-in-law.
  • Vimlesh v. State of U.P. (2020) 6 ADJ 781 — Allahabad High Court held that an unmarried daughter cannot be evicted from the shared household by her parents under the Senior Citizens Act when she is in a domestic relationship.

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