What to do when being expelled from matrimonial home during lockdown?

According to the Domestic Violence Act, every woman in a domestic relationship has a right to reside in the shared household even if she does not have any right, title or interest in it. It has been held by the Supreme Court that an estranged wife can also claim a right to residence in a household belonging to the husband’s relatives.

If you are being threatened to be expelled from your matrimonial home, you should approach a Magistrate’s Court as per the Domestic Violence Act and thereafter acquire an injunction order against the husband/husband’s family, to restrain them from expelling or dispelling you from your matrimonial home. You must approach a domestic violence lawyer who will guide you on the right path. During lockdown, you can even consult a lawyer online, on video/phone call. Matters are being taken up online (video call) as well by Court. Thus, with the help of a lawyer, you can file an urgent matter online and obtain an order in your favour by Court from home. 

The respondent / husband / husband’s family can also be asked by the Court to provide you an alternative accommodation if the victim does not want to return to a violent home. 
 

Right to Reside in Shared Household under Domestic Violence Act

Section 17 and 19 of the Domestic Violence Act lay down the right of a woman to reside in a shared household. 

Section 17 states that every woman in a domestic relationship shall have the right to reside in a shared household, whether or not she has any right, title or beneficial interest in the same. It also states that the aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent, except in accordance with the procedure established by law. 

Section 19 of the Act has been reproduced verbatim below:

Residence Orders:

(1) While disposing of an application under sub-section (1) of section12, 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.