Only women can be considered aggrieved persons under the Protection of Women from Domestic Violence Act, and their rights to residence are upheld regardless of property ownership.

JUDGMENT:

1. Heard Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband, Ms. Pooja Jalan, learned Counsel appearing for the Respondent No.1-Wife and Ms. Shilpa Talhar, learned APP appearing for the Respondent No.2-State.

2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 24^th October 2024 passed by the learned Principal Judge, Family Court, Mumbai below Exhibit-7 in Petition No. Criminal M.A.-23 of 2024. By the impugned order, the present Petitioner-Husband and his family members are restrained from causing any act amounting to domestic violence towards the Respondent-Wife and minor daughter and the present Petitioner-Husband has been directed to shift to alternate accommodation till disposal of the main application. The said order is passed under the provisions of Section 18 and Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (“the D.V. Act”).

3. It is the main contention of Ms. Sana Khan, learned Counsel appearing for the Petitioner-Husband that the marriage between the parties was solemnized on 25^th January 2003. The flat in question has been purchased by registered Sale Deed dated 29^th April 2003 and since then the Petitioner-Husband is staying along with the Respondent-Wife in the said flat. It is her further contention that in fact, there is no domestic violence and the Petitioner-Husband is subjected to abuse at the instance of the Respondent-Wife. To substantiate the said contention, she submitted that she has evidence in the nature of videos and transcripts. She therefore, submitted that it is share household even of the Petitioner-Husband and therefore, the impugned order be quashed and set aside.

4. On the other hand, it is the submission of Ms. Pooja Jalan, learned Counsel appearing for the Respondent-Wife that definition of “shared household” as contemplated under Section 2(s) means a household where the person aggrieved lives. She also pointed out the definition of “aggrieved person” as defined under Section 2(a) of the D.V. Act and submitted that the Petitioner cannot be the aggrieved person and therefore, he cannot be covered by the definition of “shared household” as contemplated under Section 2(s)of the D.V. Act. She further submitted that in fact, there is no material on record to show that the Respondent-Wife has been subjected to domestic violence and therefore, the impugned order has been passed correctly. She submitted that the said flat has been purchased by the Respondent No.1 and her mother and therefore, the Petitioner has no right, title and interest with respect to the said flat.

5. Perusal of the record shows that the learned Principal Judge, Family Court, Mumbai has considered the material on record regarding physical and verbal abuse caused by the Petitioner- Husband. Learned Judge, Family Court recorded prima facie finding that the Respondent-Wife has been subjected to domestic violence.

6. As far as the contention that it is shared household of the Petitioner and therefore, the Petitioner cannot be directed to shift to alternate accommodation, it is necessary to note the relevant provisions of the D.V. Act.

i. Section 2(a) of the D.V. Act defines “aggrieved person” as follows:

“2. Definitions.—

(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;”

(Emphasis added)

Thus, it is clear that the “aggrieved person” means any woman who is, or has been, in a domestic relationship with the Respondent.

ii. Domestic relationship is defined under Section 2(f) as follows:

“2. Definitions.—

(f) “domestic relationship” means a relationship between two person; who live or have, at any point of time, lived together in a shared household, in the nature of marriage, adoption or are family members living together as a joint family;”

(Emphasis added)

iii. The “shared househol