VRK (business) 23 May 2025

Mandatory injunction vs residence order

we are going to file a domestic violence case, asking compestation from accused and vacate/exit accused from shared house with residence order under section 19(1)(b). Here small doubt, shared house legal owner is female, she can file civil case for mandatory injunction but DVC case with residence order can claim compensation too from accused. Our main intention going to court is vacate opponent from house...experts, please advise us which one is better? fiiing civil case for mandatory injunction is better option? or file DVC case for vacating accused is better option? if evidences strong which order is getting easy from court? if case is DVC can include IPC sections too, so my choice is DVC, what is your advise?

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T. Kalaiselvan, Advocate (Advocate) 23 May 2025

Yes, in a Domestic Violence (DV) case, you can seek a residence order from the court that directs the accused to vacate the shared household. The Protection of Women from Domestic Violence Act, 2005 allows the magistrate to issue such orders, which can also include restraining the respondent from disturbing your possession of the shared household.

Under the DV Act, a residence order is a court order that can address issues related to the shared household.

This order can include directing the accused to leave the shared household and stay away from the aggrieved person's residence or any place they are likely to visit.

The residence order can also restrain the accused from dispossessing or disturbing your peaceful possession of the shared household.

The court has the discretion to issue such orders, considering each party's needs and the feasibility of alternative arrangements before making a decision.

Alternately you can file a civil suit for ejectment to eject the accused from the shared household if the house property belongs to you by a registered document treating the accused as an illegal occupier.