Residence Orders: Right of Women to Stay in Shared Household Under Section 19 Of Domestic Violence Act

This article is written by Atishay Jain, a law graduate and core member of the ApniLaw team. With a strong interest in public interest laws, he explains the Domestic Violence Act in a clear and practical manner. For questions or suggestions, feel free to reach out through our official channel.

Introduction

Section 19 of the Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to issue residence orders. The Magistrate passes these orders after confirming that domestic violence has occurred, typically through an application under Section 12.

What Is Section 19 Of Domestic Violence Act?

• Protection from Dispossession. The Magistrate can stop the respondent from evicting or disturbing the aggrieved woman’s possession of the shared household. This applies even if the respondent has ownership rights.
• Removal of the Respondent. The Magistrate may order the respondent to leave the shared household. Note: This order cannot be passed against a woman.
• Entry Restriction. The Magistrate can restrain the respondent or his relatives from entering the part of the household where the woman lives.
• Ban on Property Transactions. The respondent may be restricted from selling, transferring, or mortgaging the shared household.
• Control on Renouncing Rights. The respondent cannot renounce his rights in the shared household without the Magistrate’s permission.
• Alternate Accommodation or Rent. If necessary, the Magistrate can order the respondent to arrange similar alternate accommodation or pay rent for it.
• Additional Orders for Safety and Implementation. The Magistrate can impose any condition necessary to protect the woman or her children.
• The respondent may be required to sign a bond with or without sureties to prevent further violence.
• Such a bond is treated as an order under Chapter VIII of the Criminal Procedure Code, 1973 (now BNSS)
• The court can instruct the local police to protect the woman and ensure the order is implemented.
• The Magistrate may ask the respondent to pay rent or related expenses based on both parties’ financial status.
• The police officer in the Magistrate’s jurisdiction must assist in enforcing the protection order.
• The respondent may also be directed to return the woman’s stridhan, valuables, or any entitled property.

What Are The Consequences of Violating a Residence Order?

1. Legal Obligations and Enforcement
   Non-compliance, such as unauthorized entry into restricted areas or disturbing the aggrieved person’s possession, can lead to legal action. The Magistrate may enforce compliance through various measures, including directing the respondent to execute a bond to prevent further domestic violence .
2. Police Assistance
   Courts can instruct police officers to assist in enforcing residence orders and provide protection to the aggrieved person, ensuring her safety and the implementation of the order .
3. Return of Property
   If the violation involves withholding the aggrieved person’s property or stridhan, the Magistrate may order the respondent to return such property .
4. Relevant Case Law : Suneesh v. State of Kerala (2022)
   The Kerala High Court held that Section 31 of the Domestic Violence Act applies specifically to breaches of protection orders under Section 18, not to violations of residence orders under Section 19. The court emphasized that imposing penalties for breaching residence orders under Section 31 would contradict the legislative intent.

Some Other Case Laws

1. P.R. Velayudhan Nair v. Chimminikkara Karthiayani
   In this case, the court reaffirmed that Section 31 is applicable only to violations of protection orders issued under Section 18. The judgment clarified that residence orders under Section 19 do not attract penalties under Section 31.
2. Mr. Ramachandra v. Jayasree (2021)
   The Kerala High Court ruled that a divorced woman cannot claim the right of residence under Section 17 of the Domestic Violence Act because only women in a domestic relationship can access this right. However, the court clarified that authorities can evict a divorced wife from a shared household only by following the legal process.
3. D. Sudheer v. Anusha R. Nair (2025)
   The Kerala High Court clarified that a divorced woman qualifies as an “aggrieved person” under the Domestic Violence Act, but she can claim residence rights under Section 19 only in the shared household where she lived during the marriage. The court emphasized that the dissolution of marriage affects the entitlement to residence orders.
4. A.R. Hashir v. Shima (2015)
   The Kerala High Court discussed the definition of “shared household” under Section 2(s) of the Act. The court held that a residence order cannot be passed to enforce residence of the wife in the house belonging to her mother-in-law, as it does not constitute a shared household.
   

Conclusion

Residence orders under Section 19 safeguard women from eviction and provide legal security within the household. These orders ensure shelter, safety, and dignity for victims of domestic violence. While residence orders under Section 19 provide crucial protection for aggrieved women, the enforcement mechanisms and penalties for their violation are nuanced and subject to judicial interpretation. It is advisable for individuals to consult legal professionals to understand the specific remedies and enforcement options available in their circumstances.