A woman can claim right to stay in matrimonial home during criminal proceedings, and this right exists independently of who legally owns the property. Section 17 of the Domestic Violence Act guarantees every woman in a domestic relationship the right to reside in the shared household, meaning a woman can claim right to stay in matrimonial home during criminal proceedings regardless of whether the house is owned by the husband, his parents, or another relative, since the right flows from the marital relationship itself, not property title.

This right can be enforced through a residence order under Section 19, which can also direct the husband or his family to provide alternative accommodation of similar standard if continued cohabitation is genuinely unsafe, ensuring the woman is never left without shelter as a consequence of asserting her legal rights. Filing for this alongside a cruelty complaint is a common and effective combined strategy.

For assistance securing your right to stay in matrimonial home during criminal proceedings, Aapka Legal Advice can help file the appropriate application swiftly. Our network of Top Criminal Lawyers in India and retired judges panel understand exactly how courts balance safety and shelter in these matters.