Ch 5-10. Section 19. Residence order – wife comes, wife stays, you go out

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Section 19 deals with Residence order and every husband should be aware of its implications. Especially if you don't have any legal cases yet but you are expecting something to happen, you should decide on your strategy whether living in own house or rented house. Clause 19(1) is given below:

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 of 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.

Comment: Note that again a residence order can be passed only after magistrate is satisfied that domestic violence has taken place. So you should defend against DV allegations vigorously and make this clear to your lawyer right from the time you engage him/her.

Residence order is applicable on shared household which was discussed before. Respondent can be asked to leave the house too, and many a time the husbands would have already left the house fearing more serious cases like IPC 498A if they continue to stay in the same house with a threatening wife inside.

Sub-section 19(1)(b) means that husband's female relatives staying in same house like his mother or sister cannot be asked to leave the shared household.

Sub-section 19(1)(c) can be invoked to make sure a separate room /bathroom etc is given to wife for her exclusive use and you or your parents cannot use those portions of the house.

Sub-section 19(1)(d) can be applicable to cases where the husband owns the house either singly or jointly with the wife. The court can pass an order that the house cannot be sold, rented to someone else, etc by husband.

According to 19(1)(f), it is not necessary that a wife may ask to live in the shared household. She may very well stay at another accommodation and ask for husband to pay rent for that accommodation. That accommodation should be of the same status as the shared household.

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