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Can the woman stay at a shelter home during the case?

Can the woman stay at a shelter home during the case?

22-Aug-2025

Domestic Violence

Answer By law4u team

Yes. Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), a woman facing domestic violence can stay in a shelter home during the pendency of her case. Key points: • The Act directs Protection Officers to arrange safe accommodation for the aggrieved woman in a government-run or NGO-managed shelter home if she requests it. • This right is available regardless of whether she has filed a police complaint or only approached the court for protection orders. • Shelter homes must accept her without requiring payment, and basic needs like food, bedding, and security must be provided. • Courts can mention the arrangement in interim or final orders to ensure her continued safety. • She can also stay with her children unless a specific court order restricts it.

Answer By Anik

Dear Client, In 2017 the Supreme Court of India passed a landmark ruling in the case of Shayara Bano v. Union of India which is what we refer to as the “triple talaq judgment. What it was: In a ruling which declared the practice of “talaq-e-biddat” or instant triple talaq as unconstitutional. That practice which allowed a Muslim man to divorce his wife at will and in a flash by the recitation of the word “talaq” three times, in any format -- oral, written, or digital. Key points of the judgment: Main issues of the judgment:. Unconstitutional: A large majority of the benches' decision were that instant triple talaq is a form of discrimination against which Muslim women's fundamental rights including equality (Article 14) and the right to life with dignity (Article 21) of the Indian Constitution are violated. Not an essential religious practice: The court which sided with the majority reported that this aspect of divorce is not a requisite of Islamic religion thus it is not protected under the right to freedom of religion (Article 25). Resulting Legislation: Following the fact that which the judgment came down Indian Parliament put forth the Muslim Women (Protection of Rights on Marriage) Act, 2019 which outlaws the practice of instant triple talaq and puts the violators behind bars for up to 3 years. In fact the judgment brought to an end a very long standing issue of discrimination and is a large step forward in terms of gender justice for Muslim women in India. I hope this Answer help you, but if it does not help please do not hesitate to reach out. Thank you!

Answer By Ayantika Mondal

Dear Client, Yes, it is true that a woman may stay at a shelter home throughout a legal case. This is a given right which the Indian law puts forth and which is also very important for the woman’s safety and well-being being especially in the case of domestic violence. The Legal Basis: The base of this right is the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which we see as a very specific tool to redress the issue of domestic violence against women. Section 6 of the PWDVA is a very clear legal provision that states that a registered shelter home must provide shelter to an aggrieved person (the victim), a Protection Officer, or a Service Provider request. Thus, it puts a duty on the shelter homes not to turn away a woman in need. Section 9 of the PWDVA, which details the role of the Protection Officer a government put in place. Also, it is the charge of a Protection Officer to assist the victim in getting into a secure shelter when that is what the woman needs. The Process and Support System A woman has options which include: Contacting a Protection Officer: This, at present, is the most formal of routes under the DV Act. The Protection Officer will look at the situation and arrange for a safe place for the woman, which at times will be before we obtain a court order. Getting a Court Order: A magistrate issues a residence order as part of the legal process. This order may direct the abuser to provide other accommodation, or in cases of the woman’s safety is at risk, she is to be put in a shelter home. Seeking Help from Police: In times of emergency, the police may help a woman to get to a shelter home and also with filing a formal report. Approaching a Non-Governmental Organisation (NGO): Many NGOs, which are registered as "Service Providers" under the PWDVA run shelters. Also, they provide free legal aid, counseling and medical care. In effect what we see is that staying in a shelter provides a safe haven through the very stressful and long legal process. It gives the woman’s physical and emotional security while she is through her case, also it gives her the support she needs to get through the legal system. I hope this answer helps to resolve your queries. Don’t hesitate to reach out in any further questions. Thank you!

Answer By Anik

Dear Client, Yes a woman does indeed have the right to stay in a shelter home during a legal case which may be related to domestic violence or any other issue which puts her safety at risk. This is a very important provision of law which we put in place for the protection of women in fragile situations. Legal Provisions and Rights In India we see that the Protection of Women from Domestic Violence Act, 2005 (PWDVA) puts forth special provisions for this. Right to Shelter: The Act brings forward that which pertains to a woman’s right to housing and that she is not to be kicked out of her shared home without due legal process. Also in cases of unsafe stay at the marital home, the Act provides for her to take residence in a shelter home. Role of Protection Officers: Under PWDVA a Protection Officer or a designated service agency steps in to help a woman which may include arranging for temporary stay. Also they may put forth a case for the woman to be admitted in to a government run shelter home which in turn is required by law to take in the woman immediately without a Domestic Incident Report (DIR). Government Schemes: The Ministry of Women and Child Development which is a wing of the Indian government has put in place what we see as the Swadhar Greh Scheme. This scheme is for women in tough situations which includes but not limited to those that are in the midst of family issues, violence, or have become homeless. In these shelters which serve as a safe haven we also see that they provide food, medical care, counseling, and legal aid. Benefits of staying in a shelter home. Safety and Security: Shelter homes are a secure base which is far away from the abuser for the woman as also a place which takes care of her physical and mental health during the court process. Holistic Support: They provide a wide range of services that go beyond just a roof to include legal aid, psychological counseling, and skill training which in turn aids in the women’s full rehabilitation and empowerment. Privacy: Shelter homes may provide the option of keeping the woman’s identity confidential from the abuser which is very important for her safety. In that which is brief, if you are a woman in the middle of a legal issue and are in need of a safe place to stay, you have the right to seek out a shelter home. These homes we designed to be a temporary refuge which also provides the support you need to get through your legal battle and to rebuild your life. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!