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What is Right to reside in a shared household? What are Protection orders? What are Residence orders? Section 17, 18 and 19 of The Protection of women from Domestic Violence Act 2005

 
 

Right to reside in a shared household, Protection orders and Residence orders are defined under section 17, 18 and 19 of Domestic Violence Act 2005. Provisions under these sections are:

Section 17 of Domestic Violence Act "Right to reside in a shared household"

1. Notwithstanding anything contained in any other law for the time being in force, 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.

 

 

2. The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.

Section 18 of Domestic Violence Act "Protection orders"

The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from -
a. committing any act of domestic violence;
b. aiding or abetting in the commission of acts of domestic violence;
c. entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;

 
 

d. attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;

e. alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;

f. causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;

g. committing any other act as specified in the protection order.

Section 19 of Domestic Violence Act "Residence orders"

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—

a. 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;

b. directing the respondent to remove himself from the shared household;

c. restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

d. restraining the respondent from alienating or disposing of the shared household or encumbering the same;

e. restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

f. directing the respondent to secure 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:

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 which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

3. The Magistrate may require from 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 sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

7. The Magistrate may direct the officer-in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of 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 to.

 

Domestic Violence Act 2005

What are the definitions in Domestic Violence Act? Section 2 of The Protection of women from Domestic Violence Act 2005

What is Definition of domestic violence? Section 3 of The Protection of women from Domestic Violence Act 2005

What is Information to Protection Officer and exclusion of liability of informant? Section 4 of The Protection of women from Domestic Violence Act 2005

What are the Duties of police officers, service providers and Magistrate? Section 5 of The Protection of women from Domestic Violence Act 2005

What are the Duties of shelter homes? What are the Duties of medical facilities? Section 6 and 7 of The Protection of women from Domestic Violence Act 2005

What are Appointment of Protection Officers? What are the Duties and functions of Protection Officers? Section 8 and 9 of The Protection of women from Domestic Violence Act 2005

Who are Service providers? What are the Duties of Government? Section 10 and 11 of The Protection of women from Domestic Violence Act 2005

What is Application to Magistrate? What is Service of notice? Section 12 and 13 of The Protection of women from Domestic Violence Act 2005

What is Counseling? What is Assistance of welfare expert? How Proceedings to be held in camera? Section 14, 15 and 16 of The Protection of women from Domestic Violence Act 2005

What is Right to reside in a shared household? What are Protection orders? What are Residence orders? Section 17, 18 and 19 of The Protection of women from Domestic Violence Act 2005

What are Monetary relief? What are Custody orders? What are Compensation orders? Section 20, 21 and 22 of The Protection of women from Domestic Violence Act 2005

What is Power to grant interim and ex parte orders? What is the meaning of Court to give copies of order free of cost? What is Duration and alteration of orders? Section 23, 24 and 25 of The Protection of women from Domestic Violence Act 2005

What is Relief in other suits and legal proceedings? What is Jurisdiction? What is Procedure? What is Appeal? Section 26, 27, 28 and 29 of The Protection of women from Domestic Violence Act 2005

What is Protection Officers and members of service providers to be public servants? What is Penalty for breach of protection order by respondent? Section 30 and 31 of The Protection of women from Domestic Violence Act 2005

What is Cognizance and proof? What is Penalty for not discharging duty by Protection Officer? What is Cognizance of offence committed by Protection Officer? Section 32 33, and 34 of The Protection of women from Domestic Violence Act 2005

What is Protection of action taken in good faith? What is Act not in derogation of any other law? What is Power of Central Government to make rules? Section 35 36, and 37 of The Protection of women from Domestic Violence Act 2005

 

 

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