Right to residence
11 months ago
Can right to residence be avoided to the wife?
In what circumstances can it be avoided
A.Dear Sir,
History of your case is to be heard in detail. Wife can be avoided if she is having bad character or if she may commit suicide.
History of your case is to be heard in detail. Wife can be avoided if she is having bad character or if she may commit suicide.
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A.Hello,
Yes her right to residence can be avoide If she is accused of misbehaving and it will depend upon the discretion of court.
Yes her right to residence can be avoide If she is accused of misbehaving and it will depend upon the discretion of court.
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A.Dear Client,
Right to reside in share household is provided to every woman in a domestic relationship under Sec.17(1) of PWDV Act, 2005 whether she has any right , title of beneficial interest in the same and as per Sec.17(2) of the said Act, she can not be evicted or excluded from the share household save and except in accordance with the procedure established by law.
Sec.19 of the Act empowers the Court to pass a residence order restraining the OP Respondent from disposing or disturbing the possession of the aggrieved person from share household or to pass any other order as deemed proper for the protection of safety and security of the aggrieved person.
So right to residence in share household of aggrieved person or any other arrangement of shelter if directed by the Court cannot be avoided in any circumstances in the absence of the Court's Order.
Right to reside in share household is provided to every woman in a domestic relationship under Sec.17(1) of PWDV Act, 2005 whether she has any right , title of beneficial interest in the same and as per Sec.17(2) of the said Act, she can not be evicted or excluded from the share household save and except in accordance with the procedure established by law.
Sec.19 of the Act empowers the Court to pass a residence order restraining the OP Respondent from disposing or disturbing the possession of the aggrieved person from share household or to pass any other order as deemed proper for the protection of safety and security of the aggrieved person.
So right to residence in share household of aggrieved person or any other arrangement of shelter if directed by the Court cannot be avoided in any circumstances in the absence of the Court's Order.
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