Right to residence under dv act
4 months ago
I've filled for right to residence under dv act last year in June but nothing happened till date. My husband has filled for divorce at the same time. Can I go to live in my in-laws house without legel orders or is it compulsory to have court's permission? Can they resist me to live in their house? What to do?
A.Dear client,
You have the legal right as a married woman and wife to reside in the matrimonial house at any time, and they cannot legally prevent you from doing so. However, obtaining a court order is advisable to address any potential resistance from their side effectively, involving the authorities and the police if necessary.
You have the legal right as a married woman and wife to reside in the matrimonial house at any time, and they cannot legally prevent you from doing so. However, obtaining a court order is advisable to address any potential resistance from their side effectively, involving the authorities and the police if necessary.
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A.Dear client
As per your rights as a married woman and wife you can any day go and live in the matrimonial house and they legally cannot do anything. But it is always better to go with an order so that any resistance from there side can be tackled by the authorities and the police.
As per your rights as a married woman and wife you can any day go and live in the matrimonial house and they legally cannot do anything. But it is always better to go with an order so that any resistance from there side can be tackled by the authorities and the police.
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A.Dear Client,
Section 17 of the Protection of Women from Domestic Violence Act, 2005 protects the right of women to reside in a shared household. It is the implied right of a woman, after their marriage to reside in her matrimonial home. No one can throw a woman out of her matrimonial home. However, while Section 17 confers a right on every woman in a domestic relationship to reside in the shared household irrespective of whether she has any right, in the absence of an order of the Court passed under Sec.19 of the Act, the aggrieved woman cannot exercise her right of a shared household in her matrimonial home. The Supreme Court in a recent judgment [Satish Chander Ahuja vs. Sneha Ahuja] held that a woman can claim the right to residence in the houses owned by relatives as well. This means that she can seek a residence order with respect to property that belongs to her in-laws if she and her husband lived there with some permanency for a considerable period after marriage.
Section 17 of the Protection of Women from Domestic Violence Act, 2005 protects the right of women to reside in a shared household. It is the implied right of a woman, after their marriage to reside in her matrimonial home. No one can throw a woman out of her matrimonial home. However, while Section 17 confers a right on every woman in a domestic relationship to reside in the shared household irrespective of whether she has any right, in the absence of an order of the Court passed under Sec.19 of the Act, the aggrieved woman cannot exercise her right of a shared household in her matrimonial home. The Supreme Court in a recent judgment [Satish Chander Ahuja vs. Sneha Ahuja] held that a woman can claim the right to residence in the houses owned by relatives as well. This means that she can seek a residence order with respect to property that belongs to her in-laws if she and her husband lived there with some permanency for a considerable period after marriage.
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