Residence Order

What is a Residence Order?

The basic needs of human being are food, clothing and shelter. This residence order provides shelter for the woman who suffer Domestic violence. This one among the orders that may be passed by the Magistrate under whom the adjudication of the application falls.

What Order shall be passed?

The Magistrate may pass any order on being satisfied that prima facie domestic violence occurred. The order may contain the following:

•  To restraint the person who is alleged to have committed domestic violence (respondents) from dispossessing or disturb the possession from the house where she is residing.
• To direct the respondents to be evicted out of the common household. But this provision shall not apply to persons who are women.
• To restraint the respondents or their relatives from entering the portion of the household where the affected person and dependents resides.
• To restraint the respondents from alienating or disposing the shared common household
• To direct the respondent to secure an alternate accommodation for the affected person.
• The respondent not to stop paying any rent and other payments related to the common household where the applicant and respondents reside.

Limitation of Residence Order

The residence order shall not lie against in-laws of the affected woman. Even the third and fourth condition mentioned above is applicable only when husband is a member of joint family.

Other Orders along with Residence Order

The Magistrate may as he thinks fit depending on the case shall direct the respondents to execute a bond that they shall not commit any act of Domestic Violence in the future. This is to protect the interest of the affected person. Persons against whom an application was made may threaten or evict the applicant from the house. Hence, if the situation needs, the Magistrate may direct the respondents to execute a bond abstaining from Domestic Violence.

Implications of Residence Order

Under section 19 of the Act 43 of 2005, applicant and the respondents can reside under the same roof even though, the application remains pending before the court. The most common social tendency, particularly in India, is to send the girl out of the matrimonial house the most she tries to take a legal recourse against husband, in-laws or relatives. The most weaker section of the society are women and their children. Hence, the section 19 of the Act of 2005 was well crafted to satisfy the social appetite and secures the vulnerable group of the society. 

This section has distinguished significance when the affected woman and their dependent children lacks support from both the matrimonial and parental house. This particular section provide protection and have perpetual impact upon the dependent children. Hence, prevent psychological and emotional distress and prevent the children from turning into a future deviant in society.

For women who completely depend on their husband or relatives for the financial needs, this is a life-saver.

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Disclaimer: This blog is for educational purposes only. All information provided here are only informative. The authors takes no liability for any injury to the readers.