Article written by Advocate Alpa Jogi on Right to Residence for women under the Domestic Violence Act
Section 17 of The Protection of women from Domestic Violence Act 2005 provides for the residential rights of the woman in a shared household. The Section 17 of the Act says that:
17. 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 17 of the Domestic Violence Act gives a right to every woman in a domestic relationship to reside in the shared household whether or not she has any right, title or interest in the same. Section further states that the aggrieved person shall not be evicted or even excluded from the shared household other than a procedure established by law
Whereas Section 17 of the DV Act gives a legal right to an aggrieved person in the shared household, section 12 read with section 19 enables an aggrieved person in getting such right enforced. Section 19 of the Act states that the magistrate on being satisfied that domestic violence has taken place pass a residence order:
(a) Restraining respondent from disturbing or dispossessing the aggrieved person from 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 off the shared household;
(e) Restraining the respondent from renouncing his rights in the shared household; or
(f) Directing 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 circumstances so require.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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