By The Law Suits Desk | Updated: June 2025

In a landmark ruling that reaffirms the dignity and residential rights of widowed women, the Kerala High Court has held that a wife retains her right to reside in the “shared household” even after the death of her husband. The ruling is significant in safeguarding the rights of women under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), especially in patriarchal settings where widows are often rendered homeless or forced out by in-laws.

Case Background

The matter arose from a domestic dispute between the widow of a deceased man and his relatives, who objected to her continued residence in the shared home after his demise. The family members contended that the woman no longer had any legal standing to reside there since the “shared household” ceased to exist upon the husband’s death.

However, the widow approached the Magistrate under the PWDVA seeking protection and the right to continue residing in the matrimonial home. The Magistrate ruled in her favour, prompting an appeal to the Sessions Court—which reversed the order. Aggrieved by this, the woman approached the Kerala High Court.

The High Court’s Verdict

Justice A. Badharudeen of the Kerala High Court reinstated the Magistrate’s original order and categorically held that a woman’s right to reside in the shared household under Section 17 of the PWDVA does not end with her husband’s death.

“The death of the husband will not nullify or extinguish the right of the wife to continue in the shared household,” the Court observed.

The Court emphasized that the term “shared household” is to be interpreted liberally in the context of domestic violence legislation, which is a welfare statute intended to provide relief and protection to women facing hostile circumstances.

Legal Significance

This judgment aligns with the objective of Section 17(1) of the PWDVA, which clearly states:

“Every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.”

The Kerala High Court further held that a contrary interpretation would defeat the purpose of the Act and effectively penalize women for the death of their spouses by stripping them of their homes.

Observations from the Bench

Justice Badharudeen made a poignant observation:

“The concept of shared household under the PWDVA is not contingent upon ownership or title. It is about the right to reside and be protected from unlawful dispossession.”

In upholding the widow’s right to remain in her marital home, the Court added an important layer of protection for vulnerable women, who are frequently subjected to psychological, emotional, or physical coercion following the loss of their spouse.

Why This Judgment Matters

• • It reinforces the constitutional and statutory rights of widowed women.

• • It provides clarity for magistrates and lower courts in dealing with similar disputes.

• • It extends the protective umbrella of the PWDVA beyond the life of the husband.

Conclusion

The Kerala High Court’s verdict serves as a timely reminder that the law must be interpreted with a humanistic and inclusive lens, particularly when dealing with the rights of women in distress. This judgment will go a long way in curbing the misuse of familial power structures and protecting widows from unjust eviction.

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Published in the public interest by Adv Sulaiman Bhimani,
Citizens Justice Forum
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