Section 19 of PWDVA : Section 19: Residence Orders

Explanation using Example

Imagine a scenario where a woman named Priya is experiencing domestic violence at the hands of her husband, Rohan, in their marital home. Priya decides to take legal action to ensure her safety and files an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005.

After reviewing the case, the Magistrate believes that domestic violence has occurred. Using the powers granted by Section 19, the Magistrate issues the following orders:

• Rohan is restrained from evicting Priya from their home, ensuring she can continue living there without disturbance.
• Rohan is directed to move out of the shared household to prevent further harm to Priya.
• The Magistrate also orders that Rohan must not enter the part of the house where Priya lives or alienate the shared household.
• Rohan is prohibited from renouncing his rights in the shared household without the Magistrate's permission.
• If it's deemed necessary, Rohan might be required to provide Priya with alternative accommodation or pay her rent, ensuring her living standards are maintained.
• Additionally, the Magistrate orders the local police station to protect Priya and assist in implementing these orders.
• Rohan is also ordered to return Priya's stridhan (dowry or personal property) to her.

This order aims to protect Priya from further violence and allows her to continue living in her home without fear of being evicted or harassed by Rohan.