PWDVA 19 — Residence orders

Protection of Women from Domestic Violence, 2005

Statutory text

(1) While disposing of an application under sub-section (1) of section12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—
(a)  restraining  the  respondent  from  dispossessing  or  in  any  other  manner  disturbing  the
possession  of  the  aggrieved  person  from  the  shared  household,  whether  or  not  the  respondent has  a
legal or equitable interest in the 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   or
encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared household except with the
leave of the Magistrate; or
(f)  directing  the  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 the circumstances so
require:
Provided that no order under clause (b) shall be passed against any person who is a woman.

(2) The  Magistrate  may  impose any additional conditions  or pass  any other direction which  he may
deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
(5)  While  passing  an  order  under  sub-section  (1),  sub-section  (2)  or  sub-section  (3),  the  court may
also  pass  an  order  directing  the  officer  in  charge  of  the  nearest  police  station  to  give protection  to  the
aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.
(6)  While  making  an  order  under  sub-section  (1),  the  Magistrate  may  impose  on  the  respondent
obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.
(7)  The  Magistrate  may  direct  the  officer  in-charge  of  the  police  station  in  whose  jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.
(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.

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