Sapan Ahlawat 25 February 2019

Residence Order

I am a wife thrown out by my husband from the house. At present residing with my parents. I have filed a maintenance case against my husband. Now I want to file an application in front of court to pass an order to provide me with a residence. Learned and Respected Sir please help me and suggest. Thanks in advance.

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9 Replies

Adv Deepak Joshi +917017821512 (Advocate) 25 February 2019

Section 19 in The Protection of Women from Domestic Violence Act, 2005

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Vijay Raj Mahajan (Advocate) 25 February 2019

The residence order can be claimed by the wife under section 19 the Protection of the Women from the Domestic Violence Act, 2005 and that petition lies in the court of the judicial magistrate of the police station area where the husband or wife are living and act of domestic violence comittted against the wife. The protection order u/s 18 and order for monetary under section 20 can also be sought by the wife along with residence order.

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Sapan Ahlawat 25 February 2019

Sir
For filing an application under section 19 of the Protection of Women from domestic Violence Act, 2005. Is it necessary to file an application for DV

Sapan Ahlawat 25 February 2019

just to add on I have filed a complaint in cw cell. Will it be sufficient to file an application under section 19 of DV Act

Vijay Raj Mahajan (Advocate) 25 February 2019

CAW cell won't get you any order for residence, it's the jurisdiction of court to decide the issue of residence not police authority.

Sapan Ahlawat 26 February 2019

Sir
I am saying that complaint filed with CW Cell will be enough ground to file an application u/s 19 of DV Act with the compitant Court.

Vijay Raj Mahajan (Advocate) 26 February 2019

No to file the complaint for domestic violence you don't require any sanction from CAW, just file complaint u/s12 and seek residence order u/s 19 of the DV Act