Overview of Right to Reside
Protection of a woman’s right to live in the shared household. A woman faces removal from the home she shared with her husband or his family, whether or not she owns it.
The Domestic Violence Act defines a shared household widely and gives every woman in a domestic relationship the right to reside in it. The Magistrate can restrain dispossession, direct the respondent to leave, or secure alternate accommodation. The house need not belong to the husband. What matters is that the woman lived there in a domestic relationship.
Scope. Covers shared household claims, protection against eviction, alternate accommodation and rights in the in-laws’ property.
Procedure: how a Right to Reside case usually moves
- Application for a residence order before the Magistrate
- Interim order restraining eviction
- Court may direct alternate accommodation or rent in suitable cases
- Hearing and final order
Important points to keep in mind
- The right concerns residence, not ownership of the property.
- An order for alternate accommodation is possible where living together is not practicable.
- Act promptly when eviction is threatened, since interim orders are available.
Practical guidance on Right to Reside
A woman who fears eviction should keep proof that she lived in the house, such as utility bills, address documents and photographs. Seek an interim order early, because possession is much harder to restore after the household has been broken up.
Documents required for Right to Reside
- Proof of residence
- utility bills
- marriage proof
- any notice or threat of eviction
Right to Reside for clients living outside India
Clients living abroad can pursue or defend these claims in India through a power of attorney holder, and income or assets held overseas may also have to be disclosed to the court. Title documents and affidavits signed abroad must be attested or apostilled before they are used in Indian proceedings.
Frequently asked questions about Right to Reside
Does the right to reside depend on owning the house?
No. A shared household is not limited to a house owned or rented by the husband.
Can a woman be removed during the case?
A residence order can restrain dispossession except by due process of law.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
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