Residence orders.
19. Residence orders.-
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order -
(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; COMMENTS :-THIS IS LIKE PERMANENT INJUNCTION
(b) directing the respondent to remove himself from the shared household; COMMENTS :-IT IS LIKE MANDATORY INJUNCTION. EXCEPT AGAINST WOMEN.
(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; COMMENTS :-THIS IS ALSO LIKE MANDATORY INJUNCTION.
(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; COMMENTS :-IT IS LIKE CREATING ATTACHMENT / CHARGE.
(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or COMMENTS :-IT IS ALSO LIKE CHARGE/ ATTACHMENT.
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:Provided that no order under clause (b) shall be passed against any person who is a woman. COMMENTS :-THIS IS FOR MAKING ALTERNATIVE ACCOMMODATION.
(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person. COMMENTS :-PROVIDING WIDE POWERS ON THE COURT.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. COMMENTS :-OBTAINING BONDS LIKE IN CRIMINAL CASES WHILE SUSPENDING THE SENTENCE.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly. COMMENTS :-SO EVERY ORDER IS AN EXECUTABLE ORDER
(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order. COMMENTS :-THIS IS LIKE CONSEQUENTIAL ORDERS AND COMPULSORY ORDERS WITH OR WITH OUT PRAYER.
(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties. COMMENTS :-IT IS FOR PROVIDING OBLIGATIONS TO BE FOLLOWED BY THE RESPONDENT EVEN AFTER PASSING OF THE ORDERS AGAINST THE RESPONDENT.
(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order. COMMENTS :- EXECUTING DIRECTIONS TO THE POLICE OF OFFICERS. (8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to. COMMENTS :-THIS IS AS MENTIONED IN SEC. 6 OF DOWRY ACT.
