Application for Residence Order

The Domestic Violence Residence Order is governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Specifically, Section 19 of the Act empowers the Magistrate to pass a residence order to protect the aggrieved person's right to reside in the shared household. The order may direct the respondent to remove himself from the household, not to alienate or dispose of the household, or to secure alternative accommodation for the aggrieved person.

The application for a Domestic Violence Residence Order is filed before the Magistrate Court having jurisdiction over the area where the aggrieved person resides or where the domestic violence occurred. The Ministry of Women and Child Development oversees the implementation of the PWDVA. For more information, visit the official website: wcd.nic.in.

The process for obtaining a Domestic Violence Residence Order involves the following steps:

1. Filing an Application: The aggrieved person, or a Protection Officer or any other person on her behalf, files an application under Section 12 of the PWDVA before the Magistrate.
2. Service of Notice: The Magistrate issues notice to the respondent and calls for a report from the Protection Officer.
3. Hearing: After hearing both parties, the Magistrate may pass a residence order under Section 19.
4. Interim Order: The Magistrate may also pass an interim residence order pending final hearing.

A Domestic Violence Lawyer can draft the application and represent you in court.

The application for a Domestic Violence Residence Order is typically made using Form I (Application to the Magistrate) as prescribed under the Protection of Women from Domestic Violence Rules, 2006. The form requires details of the aggrieved person, the respondent, the nature of domestic violence, and the relief sought. Supporting documents such as medical reports, photographs, or police complaints may be attached.

Any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence can apply for a residence order. The term 'domestic relationship' includes relationships by marriage, blood, adoption, or living in a shared household. The aggrieved person must show that she has a right to reside in the shared household and that the respondent has committed or threatened domestic violence.

The Protection of Women from Domestic Violence Act, 2005 does not prescribe a fixed timeline for disposal of residence order applications. However, the Magistrate is expected to dispose of the application within 60 days from the date of first hearing, as per Section 12(5) of the Act. Interim orders may be passed earlier. The actual duration depends on the court's caseload and the complexity of the case.

There is no court fee prescribed for filing an application under the Protection of Women from Domestic Violence Act, 2005. The application is exempt from payment of court fees. However, if you engage a Domestic Violence Lawyer, professional fees will be separate and agreed upon between you and the advocate.