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.
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.
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