Answer By law4u team
Yes, under Indian domestic violence laws, a domestic violence case can lead to the eviction of the abuser from the shared home, especially if the victim’s safety and well-being are at risk. The Protection of Women from Domestic Violence Act (PWDVA), 2005 provides specific legal provisions that allow a woman who is a victim of domestic violence to seek eviction of the abuser.
Legal Provisions for Eviction of the Abuser
Residence Orders under the PWDVA:
Section 19 of the Protection of Women from Domestic Violence Act (PWDVA) gives the court the power to issue a residence order to provide immediate relief to the victim. If the abuser is living with the victim in a shared home, the court can order the abuser to vacate the premises or be prohibited from entering the home.
The residence order can direct the abuser to leave the shared residence, even if they are the rightful owner of the property. The order is aimed at ensuring the safety and security of the victim, including the possibility of granting her the right to continue residing in the same house if she chooses.
Temporary Relief and Protection Orders:
The court can issue temporary protection orders under the PWDVA, which can include orders for the abuser to vacate the home temporarily, ensuring that the victim is protected from further abuse. In many cases, the victim may also be granted exclusive use of the residence until the matter is resolved.
Eviction Orders:
If the abuser continues to pose a threat to the victim, the court has the authority to issue an eviction order that requires the abuser to vacate the shared home and stay away from the victim’s place of residence. This order ensures that the victim does not have to live under the same roof as the abuser, which is crucial for her safety and emotional well-being.
Shared Residence and Ownership:
The law also recognizes the rights of the victim to live in the shared home, regardless of who owns the property. If the abuser is the owner or co-owner of the residence, they can still be evicted by the court to protect the victim. This provision is important for women who might be financially dependent on the abuser or who might fear eviction from their home due to ownership disputes.
Example
If a woman is experiencing physical and emotional abuse from her husband, she can file a case under the Protection of Women from Domestic Violence Act. The court, after hearing the case, can issue a residence order that mandates the husband to vacate the shared home. The wife can also be granted temporary relief, including the right to live in the home without the abuser's interference. In extreme cases, the court may also impose a permanent eviction order, ensuring the woman's safety.
Conclusion
Yes, a domestic violence case can lead to the eviction of the abuser from the shared home. The Protection of Women from Domestic Violence Act provides clear legal provisions for residence orders and eviction orders to ensure that victims of domestic violence are protected from further harm. These provisions allow the victim to seek immediate relief by removing the abuser from the home, thereby ensuring her safety and well-being.
