What is a Residence Order under Domestic Violence law?

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[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you are being thrown out of your shared household (house) by your harasser or you don’t feel safe living in your house, you can approach the Court for help with the assistance of a lawyer or a Protection Officer. The residence order will help you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.)):

Stay in the House

By way of a residence order, the harasser may be asked not to throw you out or force you to leave the house. You have a right to stay in the house wherein you lived there together as a couple i.e. as husband and wife(( Section 2(f), The Protection of Women from Domestic Violence Act, 2005.)) or live-in partners, even if:

You don’t have any legal share, title or right in the house.(( Section 19(a), The Protection of Women from Domestic Violence Act, 2005 ; Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari I (2018) DMC 123 Bom.))
The harasser does not live in that house anymore.(( Lalita Toppo v. State of Jharkhand & Anr. 2018 (4) RCR (Criminal) 976.))
The harasser does not have any legal share, title or right in the house.(( Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari I (2018) DMC 123 Bom.))

Keep you away from the Harasser

The harasser may be asked to:

Leave the house.(( Sabita Mark Burges v. Mark Lionel Burges 2013 (5) Bom CR 387; Manju Sharma v. Ramesh Sharma CRL.O.P.(MD)No.12092 of 2008.)) This may also include the relatives of the harasser but the Court can only direct such orders against a male harasser.(( Meenavathi v. Senthamarai Selvi Crl. O.P. (MD) No. 12092/2008.))
Not enter the premises of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Help you get alternative accommodation

The harasser may be asked to:

Give you a portion of the house to live in along with all the necessary amenities for a comfortable and dignified stay(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and not enter your portion of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
Pay for(( Ajay Kumar Jain v. Baljit Kaur Jain 2009 SCC OnLine DEL 1538.)) or buy another house for you, if needed(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and provide monetary relief by paying rent.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Protect finances and property

The harasser may be asked not to:

Sell, lease or mortgage the house.
Renounce rights in the shared household, for example, by alienating or disposing the shared household.(( Navleen Kler Bhatia v Sarabjit Singh Bhatia.,Criminal Appeal No.No. 28/2011 ID No. 02406R0298502011))

The Court may also ask the harasser to follow any other conditions that are required to protect you and your children.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Comments

Hemalatha

September 27, 2023

Can I get residency order in my sharehold house in joint property both of us I was thrown out of my house since I found a affair of my husband I filled domestic violence act can enter my house in the first hearing

Alka Manral

September 2, 2024

Yes, you can get a residency order to stay in your shared house, specifically under The Protection of Women from Domestic Violence Act, 2005. It allows you to request a court order to live in your shared home. In urgent cases, the magistrate might even issue an ‘ex-parte’ order to ensure your protection. An ex-parte order means issuing an order without hearing the other side, in your case, without hearing your husband’s side. This means you might be able to return to your house during the first hearing. Just make sure that you have all the documents required.

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Related Resources

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place.

How can you get Immediate Protection for Domestic Violence?

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer.

What is Counseling under Domestic Violence law?

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence.

What is domestic violence?

Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger.

What is a Shared Household ?

You live in a shared household with your harasser if you lived with the harasser, have a domestic relationship with the harasser and have/do not have a legal share in the house.