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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

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