KRK Law Chambers

Residential Orders Under Section 19 (1) (a) of the Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005)

The Protection of Women from Domestic Violence Act, 2005 is the special act was enacted for the welfare of Women to eliminate of all forms of discrimination against women and to protect them against violence that emanates within the family, this act in enforced with a main motto to protect, safeguard and maintain the family institution in our society.

This section has empowered the Magistrate to pass an order to dispose an application under of section 19 (1) (a) of PWDV Act by restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household on being satisfied that domestic violence has taken place.

And it gives the right to the aggrieved women i.e., Petitioner who decide to reside her matrimonial house/ shared household even if it is owned by the parent- in- laws respectively.

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