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Sagar Gour (A Visitor of this Forum)     24 December 2013

Right to residence under pwdv act 2005

Right to residence awarded under section 19 of the Protection of Women from Domestic Violence Act, 2005 by the Metropolitan Magistrate and also upheld by the session court, for providing the house of the mother-in-law of the Complainant wife.

As Such kind of order can not be complied by the Respondent Husband stating that he has no right and title in the property of his mother and the same is also not in his possession of the Respondent Husband.  However, the Respondent Husband moved an application to provide the alternate rented accommodation to the Complainant wife, but the same was dismissed by the Ld. MM without initiating any arguments over that application.

My question is that if this kind of residence order is not complied by the Respondent Husband, being legally bound to not to comply the same, then in which section the Respondent Husband can be booked.  Is it under 125 CR. P.C OR under section 31 of PW Domestic Violence Act, 2005.


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

An order made by the court under the provisions of the law referred to before it and not obeyed by the respondent, it will be treated as contempt besides an action u/s 31 of the said act.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2013

agree with expert, but there are many judgments in which the HC and SC clearlly held that the wife is not entitle to get residence order for a specific property. it will be better to file revision or appeal before hc against session court order with stay application. feel free to call

Sagar Gour (A Visitor of this Forum)     25 December 2013

Respected Sirs, 

Thanks for your kind reply.  The Hon'ble Court of Ms Vandana Jain, M.M., Karkardooma Courts, Delhi send the Respondent husband into one month's inprisonment u/s 125(3).  Obviously illegally and unlawfully. 

What action should take by the Respondent Husband against the Ld. M.M. for her illegal and unlawful act?


Nadeem sir, kindly provide me the links for that judgements of HC and SC to enable me to file the same before session/high court.



Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2013

you can contact personally

Sagar Gour (A Visitor of this Forum)     18 February 2014

Dear Nadeem Sir,  I want to meet you in person.  Kindly tell me your address and the fee you charge for consultancy.  My mobile no. 9555913822 and email id : sagargour@gmail.com

danish (Manager)     18 February 2014

Learned Friends,

section 31 of PW Domestic Violence Act, 2005.

is applicable only for breach of protection order ie: u/s 18

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