Residence Orders/Rights under Section 19 of the Domestic Violence Act .

Residence Order Under DV Act

The right of Residence under the DV Act in India provides many remedies for women. The initial thought behind drafting this Act was to bring a comprehensive act which includes various reliefs available to women under different Acts. The right of Residence under the DV Act or providing for Residence comes from The Hindu Adoption and Maintenance Act, 1956. However, the right of Residence under the DV Act is one of the terrifying provisions, and the respondents can lose control over their property.

Right of residence under the DV act: A woman who has filed a divorce case is entitled to have the right of residence under the DV act or share a household. Residence Order under the Domestic Violence Act. Defines 19. Residence order under Section 19 in Domestic Violence Act.—

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order under section 19—

1. restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;
2. directing the respondent to remove himself from the shared household;
3. restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

1. restraining the respondent from alienating or disposing of the shared household or encumbering the same;
2. restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate;

6. directing the respondent to secure the same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same if the circumstances so require:

They provided that no order under clause (b) shall be passed against any person who is a woman.

(2) The Magistrate may impose any additional conditions or pass any other direction he may deem reasonably necessary to protect or provide for the safety of the aggrieved person or any child of such aggrieved person.

(3) The Magistrate may require the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.

(6) While making an order under subsection (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments regarding the parties’ financial needs and resources.

(7) The Magistrate may direct the officer in charge of the police station in whose jurisdiction the Magistrate has been approached to assist in implementing the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled. Residence order under domestic violence act: Residence order under domestic violence act, section 19 can be prohibitive or mandatory.

Commentary

Section 19 of the Residence Order Domestic Violence Act can be prohibitive or mandatory. As the Magistrate can pass an order prohibiting the respondent from alienating any of the properties, including renouncing his interest to the detriment or loss of the aggrieved woman, to this extent, it is prohibitory. Further, the Magistrate can order the respondent to remove himself from the shared household, or the Magistrate can also order the respondent to secure an alternate accommodation for the aggrieved woman; to this extent, the orders can be mandatory. There are certain ancillary reliefs like asking the respondent to fill a bond, making the nearest SHO responsible for the safety of women, and further providing restoration of Stridhan or any other property to which a woman is entitled is amongst the list of reliefs the Magistrate can order in this Section. This Section should be read in conjunction with the Section on Shared Households, which I have covered in another article. One may like to read FAQs about Shared Household here. Now, coming to the queries which I have frequently faced over this Section:

Residence Order FAQs