Domestic Violence Act 2005 / Sections 17, 18 and 19

Sections 17, 18 and 19 of the Domestic Violence Act: Right to Reside, Protection Orders and Residence Orders

The Protection of Women from Domestic Violence Act, 2005 protects a woman's right to reside in a shared household and empowers the Magistrate to grant protection and residence orders where the statutory conditions are met.

Updated: 25 September 2026

At a glance: Section 17 protects the right to reside in a shared household; Section 18 authorises protection orders against domestic violence and specified conduct; and Section 19 authorises residence orders, including restraints against dispossession and, where appropriate, alternate accommodation or rent.

Key definitions relevant to Sections 17, 18 and 19

These provisions should be read with the definitions in Section 2 of the Act. An "aggrieved person" is a woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to domestic violence. A "domestic relationship" covers persons who live or have, at any point of time, lived together in a shared household and are related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as family members living together as a joint family.

A "shared household" under Section 2(s) is broadly the household where the aggrieved person lives or has lived in a domestic relationship, subject to the statutory wording and judicial interpretation. The Supreme Court has clarified that ownership by the husband is not an essential condition and that the residence must have a sufficient degree of permanence rather than being merely casual or fleeting.

Section 17: Right to reside in a shared household

What Section 17 provides

Section 17(1) gives every woman in a domestic relationship a right to reside in the shared household, whether or not she has any right, title or beneficial interest in that property.

Section 17(2) provides that an aggrieved person cannot be evicted or excluded from the shared household, or any part of it, by the respondent except in accordance with the procedure established by law.

The right of residence is therefore distinct from ownership. A claim under the Domestic Violence Act does not, by itself, transfer title to the property. Instead, the Act creates a statutory protection relating to residence and permits the court to make appropriate orders under Section 19.

Section 18: Protection orders

After giving the aggrieved person and the respondent an opportunity of being heard, the Magistrate may pass a protection order when prima facie satisfied that domestic violence has taken place or is likely to take place. The order may prohibit the respondent from:

  1. committing any act of domestic violence;
  2. aiding or abetting acts of domestic violence;
  3. entering the aggrieved person's place of employment or, where the aggrieved person is a child, the child's school or another place frequented by the aggrieved person;
  4. attempting to communicate with the aggrieved person by personal, oral, written, electronic, telephonic or other contact;
  5. alienating specified assets or operating bank lockers or bank accounts covered by the section without leave of the Magistrate, including matters concerning stridhan;
  6. causing violence to dependants, relatives or persons who assist the aggrieved person; and
  7. committing any other act specified in the protection order.

Section 19: Residence orders

While disposing of an application under Section 12(1), the Magistrate may, on being satisfied that domestic violence has taken place, pass one or more residence orders. These may include:

  1. restraining the respondent from dispossessing the aggrieved person or otherwise disturbing her possession of the shared household, whether or not the respondent has a legal or equitable interest in it;
  2. directing the respondent to remove himself from the shared household, subject to the statutory proviso that an order under this clause cannot be passed against a person who is a woman;
  3. restraining the respondent or specified relatives from entering the portion of the shared household where the aggrieved person resides;
  4. restraining alienation, disposal or encumbrance of the shared household;
  5. restraining the respondent from renouncing rights in the shared household except with leave of the Magistrate; or
  6. directing the respondent to secure the same level of alternate accommodation as the aggrieved person enjoyed in the shared household, or to pay rent, where circumstances require.

Additional powers under Section 19

The Magistrate may impose additional conditions reasonably necessary for the safety of the aggrieved person or her child, require a bond with or without sureties to prevent domestic violence, direct police assistance for implementation of an order, impose obligations concerning rent and other payments after considering the parties' financial needs and resources, and direct return of stridhan or other property or valuable security to which the aggrieved person is entitled.

CrPC reference in Section 19(4): The enacted text of Section 19(4) states that a bond order under Section 19(3) is deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the CrPC subject to its savings and transition provisions. The wording of the Domestic Violence Act should therefore be read together with the currently applicable procedural law and any relevant savings provisions in a particular proceeding.

Supreme Court guidance on shared household and residence rights

In Satish Chander Ahuja v. Sneha Ahuja, the Supreme Court rejected a narrow ownership-based understanding of "shared household". It explained that a shared household may include premises not owned or rented by the husband, provided the statutory requirements and the nature and permanence of residence are satisfied.

In Prabha Tyagi v. Kamlesh Devi, the Supreme Court explained that the expression "domestic relationship" includes a past domestic relationship and gave an expansive interpretation to the right to reside in a shared household. These decisions are important when applying Sections 2(s), 17 and 19 to particular facts.

Official legal resources

For the authoritative statutory text, see the Protection of Women from Domestic Violence Act, 2005 on India Code. For judicial interpretation, see the Supreme Court judgments in Satish Chander Ahuja v. Sneha Ahuja and Prabha Tyagi v. Kamlesh Devi.

Practical distinction between Sections 17, 18 and 19

Section 17 declares and protects the right of residence. Section 18 is aimed at preventing domestic violence and related conduct through prohibitory orders. Section 19 deals specifically with residence-related remedies. Depending on the facts, relief under these provisions may operate together with monetary relief, custody, compensation, interim relief and other remedies available under the Act.

Note: The availability and terms of any order depend on the pleadings, evidence, statutory requirements and facts of the case. This article is a general explanation of the law and is not a substitute for case-specific legal advice.