Clarification on residential order in matrimonial case

741 votes

No, stay order, injunction order and residential order are generally not the same. The impact or the consequence may look similar but each order is different to its own context.

Stay Orders are generally issued by the Higher Courts to the lower Court and such other Judicial authorities to stop a proceeding pending before it for a while till further directions from such Higher Courts.

Injunction Orders are issued to the individuals TO DO or NOT TO DO a certain act/thing in dispute or alleged.

Residential Order is issued under specific statutes like Domestic Violence Act, wherein the Husband is directed to provide residential status and sustenance and due protection to his wife at his residence or any other residence matching to his economical status. Such residential orders will be monitored by the Court through the Executive Authorities like the Police. It can be either an interim or a final order depending upon the facts and circumstances of the case.

Advocate Pradeep Kumar Bharadwaj LawRato

672 votes

IN DV act it is very easy to get the protection order/injection order/residence order by the court and also stay order restrining the husband can be obtained in family court also provided she should produce the original documents to establish she has rt to matrimonial home and any act of cruelty to be showed by way of documentary evidence like police complaint etc.,

Advocate K.P. Sumangala LawRato