There is several relives in the domestic violence act. Under the residence order victim has right to reside in the shared house hold. She should live in the shared house hold under domestic relationship. Hence, wife should prove that she is living with her husband in a shared house hold. Please do understand what is a protection order ?
Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order
Magistrate can pass residence order under The Protection of Woman from Domestic Violence Act, 2005. This order is passed to provide alternate residence or accommodation to the victim of domestic violence. According to section 17 every woman in a domestic relationship shall have the right to reside in the shared household. It does not matter whether or not she has any right, title or beneficial interest in the shared house hold. If the house is not in the name of husband only the remedy before the magistrate is to consider alternate accommodation. It is paramount liability of the husband to take care and protection of his wife. This liability cannot be shifted on any third party unless exception condition exists.
Magistrate is empowered under section 19(1)(f) of the domestic violence act to pass an order of alternate accommodation. This order is passed to secure same level of living standard as she enjoyed in the shared house hold. Section 17(1) of the Act, Supreme court of India In S.R. Batra v. Taruna Batra, (2007) 3 SCC 169 case opinion is that the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. Wife cannot claim alternate residence against the house owned by her father-in-law or mother-in-law or other relatives of her husband.
Interim prior will allowed immediately (Stay and protection).Final order will take much time.
Law can only force a person to do some thing or not to do something . For saving the family life better try for amicable settlement and inform about your real intention for living together.If you are serious about wanting to stop a divorce,then make an action plan. Do nothing to harm or injure your mate. You have to develop right communication skill.Effective communication is a blend of finding the root cause, focusing on the conflicting issue and discussing the problem to find an amicable solution. If both partners really want the relationship to work, they might be able to make it happen.No one can force any of the spouse for living together.
