Legal Article

Right to residence is a fundamental right in Article 21 Constitution of India

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Domestic Violence

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Published on: 26 Jan, 2023

The right to residence is a fundamental right protected under Article 21 of the Constitution of India. This article states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This includes the right to live in a safe and secure environment and the right to choose one’s place of residence.

The right to residence is a fundamental right and is protected under the Constitution of India. This means that any person, including a married woman, has the right to live in a safe and secure environment and the right to choose one’s place of residence. The right to residence is not limited to the matrimonial home, but applies to any residence that a person may choose to live in.

In case of domestic violence, the aggrieved person, including a married woman, has the right to continue living in the shared household and to be protected from dispossession. The Domestic Violence Act specifically recognizes the right of the aggrieved person to continue living in the shared household and provides for various measures to protect this right.

The aggrieved person can seek relief under the Domestic Violence Act by filing an application for protection and residence orders. The court can also pass orders for maintenance, monetary relief, and custody of children. The court can also pass orders for the eviction of the abuser from the shared household.

In conclusion, the right to residence is a fundamental right protected under Article 21 of the Constitution of India. This means that any person, including a married woman, has the right to live in a safe and secure environment and the right to choose one’s place of residence.

In case of domestic violence, the aggrieved person has the right to continue living in the shared household and to be protected from dispossession. The Domestic Violence Act provides for various measures to protect this right, and the aggrieved person can seek relief by filing an application for protection and residence orders.

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