Answer By law4u team
One of the key objectives of the Protection of Women from Domestic Violence Act (DV Act) is to protect the aggrieved woman’s right to reside in the shared household. The law recognizes that women should not be forced to leave their homes due to domestic abuse and provides legal mechanisms to safeguard their residence.
Legal Provisions for Remaining in Matrimonial Home
Right to Reside in Shared Household (Section 17)
The DV Act guarantees the right of the aggrieved woman to reside in the shared household, irrespective of ownership or title.
Even if the house is owned by the abuser or his relatives, the woman cannot be evicted forcibly.
Residence Orders
The Protection Officer or the court can issue residence orders directing the abuser not to dispossess or disturb the woman from the matrimonial home.
This includes preventing eviction or harassment forcing the woman to leave.
Protection Orders
The court may grant protection orders restraining the abuser from committing further violence or harassment in the home.
These orders ensure her safety while residing in the house.
Police and Authority Assistance
Police can assist in enforcing residence and protection orders.
Authorities can intervene if the abuser attempts to evict or harm the survivor.
Right to Maintenance and Shelter
Along with residence rights, survivors can claim maintenance to support themselves while living in the home.
Shelter homes may be available if the survivor chooses to stay temporarily outside the home.
Importance of Residence Protection
- Prevents homelessness and destitution of survivors.
- Upholds women’s rights to live with dignity and security.
- Acts as a deterrent against abusers trying to use eviction as a tool of control.
Consumer Safety Tips
- Approach Protection Officers immediately if threatened with eviction.
- File an application for residence and protection orders at the family court or DV court.
- Keep copies of court orders and report violations promptly.
- Seek help from NGOs and legal aid clinics if needed.
Example
A survivor in Bangalore was being threatened with eviction by her husband’s family after filing a domestic violence complaint. She approached the court for a residence order under the DV Act. The court issued a residence order preventing her eviction and a protection order against her husband’s harassment. Police monitored the situation to ensure her safe stay in the matrimonial home.
