Sections provided in DV for injunction, declaration, reposs.

As you asked the remedy and said what are the sections/sub-sections provided for followings where she can ask ?   Here it is :THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

17.Right to reside in a shared household.( 1. for  a equivalent status house from husband (in which husband is living at present), till something is decided about this flat in court(she does not want to join her husband, at least for time being, in an environment of threats, abusing, and assaults ))

17. Right to reside in a shared household.-(1) Notwithstanding anything contained in any other

law for the time being in force, every woman in a domestic relationship shall have the right to

reside in the shared household, whether or not she has any right, title or beneficial interest in

the same.

(2) The aggrieved person shall not be evicted or excluded from the shared household or any

part of it by the respondent save in accordance with the procedure established by law. 

18.Protection orders.(if needed )

18. 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 favor 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. 

19. Residence orders.(Must)

19. Residence orders.-(1) While disposing of an application under sub-section (1) of section

12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a

residence order -

(a) 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;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared

household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing off the shared household or

encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with

the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved

person as enjoyed by her in the shared household or to pay rent for the same, if the

circumstances so require:

Provided that no order under clause (b) shall be passed against any person who is a woman. 

(2) The Magistrate may impose any additional conditions or pass any other direction which he

may deem reasonably necessary to protect or to provide for the safety of the aggrieved person 

or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or without

sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the

Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section  (3), the court

may also pass an order directing the officer in charge of the nearest police station to give

protection to the aggrieved person or to assist her or the person making an application on her

behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent

obligations relating to the discharge of rent and other payments, having regard to the financial

needs and resources of the parties.

(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction

the Magistrate has been approached to assist in the implementation of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved

person her stridhan or any other property or valuable security to which she is entitled to. 

21. Custody orders.( 4. to meet her only child, which her husband has denied to her for last 10  months.)

21. Custody orders.-Notwithstanding anything contained in any other law for the time being in

force, the Magistrate may, at any stage of hearing of the application for protection order or for

any other relief under this Act grant temporary custody of any child or children to the

aggrieved person or the person making an application on her behalf and specify, if necessary,

the arrangements for visit of such child or children by the respondent:

Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful

to the interests of the child or children, the Magistrate shall refuse to allow such visit.

pravakar ji ,

you please follow the section 18 of dv act for your purpose,specifically sec.18(e) clearly suggest that

a Magistrate can pass an order with a direction upon the respondents " not to alienating any assests...................

...................enjoyed by both the parties,jointly by the aggrieved person.............................

or singly..............................." . the act also provide the provision of punishment u/s. 31 of the act.MAY BE THE

WORD "  INJUNCTION " IS ABSENT.{ SEE VIDYANIDHI DALMIA VS Nilanjana Dalmia 1(2008)DMC848 (DEL).}may help you.

regards,

SIBASISH PATTANAYAK,Advocate,kolkata,09874854594/09477090999.

e-mail:sibasish_adv@yahoo.co.in

My sincere thanks to Sh. Kushan Vyas Ji, Sh. Prabhakar Ji & Sh. Sibasish Pattanayak Ji for

point-wise analysis and valuable inputs.

I would appreciate if esteem members could provide  me link to  any online resources (pdf/web) or any good writer book on DV Act.

Thanks,

Ashish