What is a residence order under Section 19 of the Domestic Violence Act?

Question

My husband and in-laws are trying to throw me out of the shared household. Can I get an order to protect my right to stay there? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What is a residence order under Section 19 of the Domestic Violence Act?" turns on Protection of Women from Domestic Violence Act 2005, Section 19, Protection of Women from Domestic Violence Act 2005, Section 17 and Protection of Women from Domestic Violence Act 2005, Section 12. The points below set out the position and then what to do about it, in the order it should be done.

Section 17 recognises every woman in a domestic relationship's right to reside in the shared household, regardless of whether she has any title or beneficial interest in it.

Section 19 empowers the magistrate to pass a residence order restraining the respondent from dispossessing the aggrieved woman, directing that she be allowed to enter and use the household, or directing alternate accommodation of the same standard if she is forced to leave.

The magistrate can also direct the respondent to remove himself from the shared household, or to secure the woman's residence by restraining him and his relatives from entering the portion where she resides.

Courts have clarified that a residence order can be passed even against a household owned solely by the husband's relatives, since the definition of shared household extends to any household where the aggrieved woman has lived in a domestic relationship.

The application for a residence order is filed under Section 12 before the magistrate, who can pass interim ex-parte orders under Section 23 if there is an imminent risk of dispossession.

What to do next: 1) File an application under Section 12 of the DV Act before the magistrate seeking a residence order under Section 19; 2) Attach evidence of your residence in the shared household and any threats of dispossession; 3) Seek an ex-parte interim residence order if the risk of eviction is immediate; 4) Approach the Protection Officer in your area for assistance in filing and enforcing the order.

If you are unsure whether your facts fall inside Protection of Women from Domestic Violence Act 2005, Section 19, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.