How to ensure re-entry in matrimonial home? I seek a residence order as I have been at my parents’ house for nine months now. I have a two-month-old child, and my husband abandoned me in the middle of my pregnancy. I have filed an FIR against him, but he secured anticipatory bail, and all legal proceedings are still pending. Can I re-enter my matrimonial house?
Asked from: Uttar Pradesh
Under the Domestic Violence Act, a residence order is a legal directive that can be sought by a victim of domestic violence. It grants the victim the right to reside in the shared household, regardless of ownership or tenancy rights, and can also restrain the abusive partner from entering the household.
To obtain a residence order, the aggrieved person needs to file a complaint before the court of judicial magistrate, detailing the domestic violence experienced and requesting relief, including the right to reside in the shared household.
You should file a complaint under Section 12 of the Protection of Women from Domestic Violence Act 2005. The provision for a residence order under the Domestic Violence Act is contained in Section 19. This section empowers the Magistrate to pass a residence order in favour of the aggrieved person to grant them the right to reside in the shared household.
The residence order may also restrain the respondent from dispossessing or disturbing the possession of the aggrieved person from the shared household. Additionally, the Magistrate may impose other necessary conditions in the residence order to provide protection to the aggrieved person.
Under various laws including the Domestic Violence Act and personal laws like the Hindu Marriage Act, a wife typically has the right to reside in the matrimonial home. This right is recognized irrespective of whether she owns the property or not. It’s aimed at providing her with a safe and secure place to live, especially in situations where she may be facing domestic violence or marital discord.
The residence order will guarantee your return to the matrimonial home and will also safeguard your personal safety. Your husband does not have the authority to limit your entry as the right to reside in the matrimonial home is inherent to the marital status of a wife. For more legal help please visit Kanoon India.
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