User asked:
Domestic Violence Act, Divorced Wife's Right of Residence

I am a divorced wife. What are my rights under Domestic Violence in shared accommodation belonging my ex-husband?



Answers


Vijay Kaushal answered

A divorced wife would not be entitled to the right of residence conferred under section 17 of D V Act for the reason of that right being available only to a woman in a domestic relationship. A divorced wife would be included under definition of aggrieved person. A divorced wife occupying a shared household can be evicted only in accordance with law. However, divorced wife can approach Magistrate’s court for an order U/S 19 D.V. Act if she is residing in shared household. Residence orders passed in such cases, would be subject to any proceedings for eviction in accordance with law, initiated by husband, as contemplated U/S 17 (2) D V Act. There can be no order to put a divorced woman in possession of a shared household, from where she had separated long back and relief can only be of restraining dispossession.

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Shalender Rana Adv answered

Divorced Wife has no right of residence in the property of her ex-husband. In case she has not vacated the premises in her possession, she can be evicted by following due process of law.

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