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.

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!

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!