Residence Orders
Right to reside in shared household and residence protection
Residence Orders (Section 19)
Court orders protecting a woman's right to residence in the shared household
What is a Residence Order?
Upon being satisfied that domestic violence has occurred, the Magistrate can pass a residence order containing one or more of the following directions to protect the woman's right to residence.
Directions Under Residence Order
Restrain Dispossession: Restrain the respondent from dispossessing or in any way disturbing the woman's possession of the shared household, regardless of the respondent's legal or equitable interest in it
Remove Respondent: Direct the respondent to remove himself from the shared household
Restrain Entry: Restrain the husband or his relatives from entering the portion of the shared household where the woman resides
Restrain Sale/Transfer: Restrain the husband from selling, transferring, or mortgaging the shared household
Restrain Renunciation: Restrain the husband from renouncing his rights in the shared household without the Magistrate's permission
Alternative Accommodation: Direct the respondent to secure an alternative accommodation of a similar level for the woman, or to pay the rent for such accommodation, if the circumstances require it
Other Conditions: Impose any other conditions or directions reasonably necessary to ensure the safety and security of the woman or her child
Execute Bond: Require the respondent to execute a bond, with or without sureties, to prevent the commission of domestic violence
Police Assistance: Direct the local police station to provide assistance in implementing the protection order
Return Property: Direct the respondent to return to the woman's possession her stridhan, or any other property or valuable security to which she is entitled