Question

How to protect the aggrieved person from dispossession from the shared household?

Shivendra Pratap Singh

Advocate

High Court Lucknow

Domestic Violence

Reading Time:

Advised on 26 Jan, 2023

Question: How to protect the aggrieved person from dispossession from the shared household? My husband and his parents are trying to dispossess me from the matrimonial home. That matrimonial home is my shared household as defined under the domestic violence act. No one is coming up to protect me against the eviction from the shared household. Please help and advise me about the legal right of a married woman in the shared household.

Asked from: Rajasthan

As a married woman, you have legal rights to reside or live in the matrimonial home, which is defined as the shared household under the Domestic Violence Act. If your husband and his parents are trying to dispossess you from the shared household, there are several steps you can take to protect yourself and your legal rights.

  1. File a complaint under the Domestic Violence Act: You can file a complaint with the police or a local protection officer under the Domestic Violence Act. This will help to document the abuse and harassment you are experiencing and provide you with legal protection.
  2. Obtain a residence order: You can also apply for a residence order from the court. This order will prohibit your husband and his parents from entering the shared household and will ensure that you can continue to live in the matrimonial home.
  3. Seek legal advice: It is important to seek legal advice from a lawyer who specializes in domestic violence cases. They can guide you through the process of filing a complaint and obtaining a residence order and can also advise you on other legal options available to you.
  4. Seek support from NGOs: You can also seek support from NGOs that provide services to victims of domestic violence. They can provide you with emotional support and practical assistance and can also help you to access legal aid and other services.
  5. Keep records and evidence: It is important to keep records and evidence of the abuse and harassment you are experiencing. This can include photographs of injuries, medical records, and any other relevant documents. This evidence can be used to support your complaint and residence order application.

It is important to remember that you have legal rights to reside in the shared household and you should not be dispossessed from the matrimonial home. You have the right to live in a safe and secure environment and to access legal protection and support.

In conclusion, as a married woman, you have legal rights to the matrimonial home, which is defined as the shared household under the Domestic Violence Act. If your husband and his parents are trying to dispossess you from the shared household, you can file a complaint under Section 12 of the Domestic Violence Act, obtain a residence order, seek legal advice, seek support from NGOs, and keep records and evidence. It’s important to remember that you have the right to live in a safe and secure environment and to access legal protection and support.