Being pushed out of your marital home, or locked out of it, is frightening, and the first two days matter. Indian law gives a married woman a right to live in the home she shared with her husband, even if she does not own it and even if it belongs to her in-laws. This guide sets out what to do, in order, if it happens to you in Mumbai or Thane.
Key facts
- In danger right now
- Call 112, the emergency number for police, ambulance and fire
- Your right
- Section 17, Domestic Violence Act: a wife cannot be evicted from the shared household except by due legal process
- In-laws’ house
- Covered. The Supreme Court held in 2020 that a shared household need not belong to the husband
- Where to apply
- The Magistrate where you now live, even temporarily, for example at your parents’ home
- Speed
- The first hearing is ordinarily within three days of the application; urgent interim orders can be made at once
First, get safe
- If you or your children are in danger, call 112.
- Go to a safe place: a relative, a friend, or a One Stop Centre (details below).
- If you can, take your identity documents, your children’s documents, your phone and charger, medicines, any money or bank cards, and copies of your marriage certificate. If you could not take them, note what was left behind.
- Write down what happened while it is fresh: dates, times, what was said, who was present. Keep photographs of any injuries and any threatening messages.
Your right to live in the house
Section 17 of the Protection of Women from Domestic Violence Act, 2005 says that every woman in a domestic relationship has the right to reside in the shared household, whether or not she has any right, title or interest in it, and that she cannot be evicted from it except in accordance with the procedure established by law.
In Satish Chander Ahuja v. Sneha Ahuja (15 October 2020), the Supreme Court held that a shared household includes the home where the woman lived with her husband even if it is owned by her in-laws or other relatives. The right is strong, but not absolute. Courts can still weigh it against the rights of others, for example elderly parents-in-law, and the owners can bring proceedings in a civil court. What they cannot lawfully do is throw you out on their own.
Step 1: Inform the police
Go to the police station for the area where the incident happened, or call 112. Describe what happened and ask for your complaint to be recorded. Cruelty by a husband or his relatives is an offence under Section 85 of the Bharatiya Nyaya Sanhita (earlier Section 498A of the Indian Penal Code); see dowry harassment and cruelty by in-laws. Under the Domestic Violence Act, a police officer who receives a complaint of domestic violence must also tell you about your right to apply for relief, the services of a Protection Officer, and free legal aid. Keep a copy or a photograph of whatever you are given.
Step 2: Contact a Protection Officer
Every district has Protection Officers appointed under the Act. They can record a Domestic Incident Report, help you file an application before the Magistrate, and help arrange shelter and medical help. You can reach the Protection Officer for your area through the office of the District Women and Child Development Officer, or through a One Stop Centre. You can also file directly before the Magistrate without going through a Protection Officer.
Step 3: Apply to the Magistrate
An application under Section 12 of the Act can ask for several orders together:
| Order | What it does |
|---|---|
| Residence order (Section 19) | Restrains the husband or relatives from dispossessing you, or directs that you be allowed back, or that alternative accommodation or rent be provided |
| Protection order (Section 18) | Stops further violence, contact or interference with you, your children or your workplace |
| Monetary relief (Section 20) | Expenses and losses, including maintenance for you and the children |
| Custody order (Section 21) | Temporary custody of the children |
| Compensation (Section 22) | For injuries, including mental torture and emotional distress |
| Interim and ex parte orders (Section 23) | Urgent orders, even before the other side is heard, if the court is satisfied it is needed |
Under Section 19(8), the Magistrate can also direct that your stridhan, jewellery and other valuables be returned to you.
Which court? Under Section 27, you can file where you live permanently or temporarily, where the husband lives, or where the violence happened. So if you are now staying with your parents, you can file there. Residents of Malad and Malvani usually go to the Metropolitan Magistrates’ courts at Borivali; see our Borivali court guide.
How fast? The first hearing should ordinarily be within three days of the application reaching the court (Section 12(4)), and the court is to try to decide it within sixty days of the first hearing (Section 12(5)). Breaking a protection order is itself an offence under Section 31, punishable with imprisonment up to one year, a fine up to Rs 20,000, or both.
Free help in Mumbai and Thane
One Stop Centres (Sakhi) offer police help, medical aid, legal aid, counselling and short-stay shelter under one roof. As listed by the Ministry of Women and Child Development:
| District | Centre | Phone |
|---|---|---|
| Mumbai City | Old building, KEM Hospital, Acharya Donde Marg, Parel | 81087 40800 |
| Mumbai Suburban | Listed at Balasaheb Thackeray Trauma Care Hospital, Jogeshwari (East), and shown as operating from Chembur | 70453 94768 |
| Thane | Chhatrapati Shivaji Maharaj Hospital, Kalwa | 98342 45430 |
| Palghar | Matoshri Bungalow, near Aayam Ground, Lokmanya Pada, Palghar | 95614 38656 |
- National Commission for Women helpline: 78271 70170, 24 hours.
- Free legal aid: the Legal Services Authorities provide a lawyer free of charge to women, whatever their income. Call 15100, or ask at the legal aid desk in the court complex.
Numbers listed by government offices sometimes change; if one does not connect, try 112 or the NCW helpline.
What to collect for the case
- Marriage certificate, nikahnama or wedding photographs
- Proof that you lived at the house: Aadhaar, ration card, bank or gas bills, letters at that address
- Medical records and photographs of injuries
- Messages, call records, emails or recordings of threats
- A list of your jewellery, stridhan and belongings left in the house
- Details of your husband’s income and assets, as far as you know them; see the maintenance affidavit helper
Our full documents checklist covers the rest.
Frequently asked questions
The flat belongs to my father-in-law. Can I still claim a right to live there?
Yes, if you lived there with your husband as a family. The Supreme Court’s 2020 judgment in Satish Chander Ahuja covers exactly this. The court will consider all the circumstances, including the rights of the owners.
I left on my own because I was afraid. Have I lost my right?
No. Leaving to protect yourself does not end your right to reside or your right to apply for orders under the Act.
Does this law apply to Muslim, Christian and other women?
Yes. The Domestic Violence Act applies to all women, whatever their religion. It also covers a woman in a relationship in the nature of marriage.
Can the police make them let me back in?
The police can act on violence and threats, and can help you collect your belongings safely. A direction to let you back into the house, or to restrain them from keeping you out, comes from the Magistrate through a residence order.
Do I have to file for divorce?
No. Relief under the Domestic Violence Act does not require divorce or any other case. You can decide about the marriage later.
Consultations are by appointment at the chambers in Malwani MHADA, Malad (West). To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
General information, not legal advice. Contact details are as published by government sources in October 2026.
Related
- Dowry harassment and everyday cruelty by in-laws
- Domestic violence cases in Mumbai
- Divorce for women in Mumbai
- How much maintenance can a wife get?
- Legal options for women: route finder