Law4u - Made in India

Can A Survivor Remain In The Matrimonial Home With Protection?

Answer By law4u team

One of the key objectives of the Protection of Women from Domestic Violence Act (DV Act) is to protect the aggrieved woman’s right to reside in the shared household. The law recognizes that women should not be forced to leave their homes due to domestic abuse and provides legal mechanisms to safeguard their residence.

Legal Provisions for Remaining in Matrimonial Home

Right to Reside in Shared Household (Section 17)

The DV Act guarantees the right of the aggrieved woman to reside in the shared household, irrespective of ownership or title.

Even if the house is owned by the abuser or his relatives, the woman cannot be evicted forcibly.

Residence Orders

The Protection Officer or the court can issue residence orders directing the abuser not to dispossess or disturb the woman from the matrimonial home.

This includes preventing eviction or harassment forcing the woman to leave.

Protection Orders

The court may grant protection orders restraining the abuser from committing further violence or harassment in the home.

These orders ensure her safety while residing in the house.

Police and Authority Assistance

Police can assist in enforcing residence and protection orders.

Authorities can intervene if the abuser attempts to evict or harm the survivor.

Right to Maintenance and Shelter

Along with residence rights, survivors can claim maintenance to support themselves while living in the home.

Shelter homes may be available if the survivor chooses to stay temporarily outside the home.

Importance of Residence Protection

  • Prevents homelessness and destitution of survivors.
  • Upholds women’s rights to live with dignity and security.
  • Acts as a deterrent against abusers trying to use eviction as a tool of control.

Consumer Safety Tips

  • Approach Protection Officers immediately if threatened with eviction.
  • File an application for residence and protection orders at the family court or DV court.
  • Keep copies of court orders and report violations promptly.
  • Seek help from NGOs and legal aid clinics if needed.

Example

A survivor in Bangalore was being threatened with eviction by her husband’s family after filing a domestic violence complaint. She approached the court for a residence order under the DV Act. The court issued a residence order preventing her eviction and a protection order against her husband’s harassment. Police monitored the situation to ensure her safe stay in the matrimonial home.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rashmi Gupta

Advocate Rashmi Gupta

Cheque Bounce, Civil, Criminal, Consumer Court, Anticipatory Bail

Get Advice
Advocate Soyam Kawale

Advocate Soyam Kawale

Breach of Contract,Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Court Marriage,Divorce,Family,Domestic Violence,Motor Accident,Succession Certificate,Landlord & Tenant,Child Custody,Criminal,Medical Negligence,Recovery,

Get Advice
Advocate Pradeep Kumar

Advocate Pradeep Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Shiv Pramod

Advocate Shiv Pramod

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Labour & Service, Property, Recovery, Cyber Crime, Child Custody, Armed Forces Tribunal, Arbitration, Bankruptcy & Insolvency, Breach of Contract, R.T.I, Motor Accident, Media and Entertainment, Landlord & Tenant, Medical Negligence, Supreme Court, Startup, Trademark & Copyright, Tax, Revenue, Wills Trusts

Get Advice
Advocate Pradeep Chaudhary

Advocate Pradeep Chaudhary

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Tax,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate Deepesh Dangi

Advocate Deepesh Dangi

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Kailas Balasaheb Jadhav

Advocate Kailas Balasaheb Jadhav

High Court, Motor Accident, Anticipatory Bail, Civil, Property

Get Advice
Advocate Beena Singh

Advocate Beena Singh

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Arbitration, Cyber Crime, Landlord & Tenant, Property, RERA, NCLT, Recovery, Succession Certificate

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.