Amendment status not verified — confirm the current text below against the official source.
If the Magistrate considers that the circumstances of the case so wanan~ and if either party tn the proc"dings so deshes, he may conduct the proc"dings under this A" In onmera. "'.j."." ,I. wolf", ". P"t. """""lop'" b, ','d I. 17.(1) Notwithstanding anything cnntained in any other law for thetime being In -'" """ force, every woman in a domestic relationship shall have the right to reside in the ia a .bar'" shared household, whether or not ahe has any right, title or beneficial interest in the .""""",. same. (2) The aggdeved person shall not be evicted or e.dnded f,.m the shared hnusehnld or any part of it by the respondent save in accordance with the procedure established by law. U. The Magistrate may, after giving the aggrieved person and the respondent an '"~cU,, oppormnityn'belng heard and nn belngp,;mafoele satisfied that domestic violence ..-.. has taken place or is likely to take place, pm a pmtection order in favour of the aggrieved person and prohibit the respondent fmm- (0) committing any act of domestic violence; (b) aiding or abettiog in the commisaion nfacts of domestic violence; (e) enteriog the place of employment of the agg,;eved person or, if the persoo aggrieved is a child, its "hool or aoy oth" place frequented by the aggrieved person; (d) attempting to communic... In any form, whauoever, with the aggrieved person, including pmonal, oral or writteo or electronic or telephonic contact; (e) alienating any assets, operating bank lockers or baok accounts used or held or enjoyed by both tbe parties, jointly by the aggrieved person and the respondent or singly by the responden~ including her slr/dha. or any other property beld eith" jointly by the parties or separately by Ibem wilbout Ibe leave oflbe Mag;,trate; If) causing violence to the dependants, other reiatives or any person who give the aggrieved person assistan" from domestic violence; (g) committing any olber a" as specified in Ibe protootion order. 19.(1) While disposing ofan application under sub.section (1) of section 12, Ibe , Magistrate may, on beiog satisfied that domestic violence h" .taken place, pass a ordoB. residence order- (a) restraining Ibe respondent from disposaessing or in any olber manner disturbing Ibe possesaion of Ibe aggrieved person from the shared household, whether or oat tbe respondent has a legal or equitable interest in Ibe shared household; (b) dire"ing the respnndent to remnve himselffrom Ibe shared household; (e) "'training Ibe respondent or any of his relatives from entering any portion of the shared housebold in which Ibe aggrieved person resides; (d) restraining the respondent from alienating or disposing nff the shared household or encumbering Ibe same; THE GAZETTEOF INDIA EXTRAORDINARY [PAATII- (,) "'t"lnlng th, "spnnd,nt frnm "nouncing his eights in th, sh",d hnusohnld .xcept with th, leav, ufthe Maglst",,; 0' (fJ dhecHng the "'pondent to socu" sam, I,ve! of altemate accommodation fo' the aggdmd peeson as enjoyed by hoc in the sh"ed hnusohold 0' to pay"nt fonhesame, Ifthe cI"umstances so "qui"; Pmvlded that no o,d" und" clause (b) shall be passed against any person whu Is a woman. (2) Th, Maglst"te may Imposo any addlHonal conditions oc pass any oth" dleecHon which he may deem "asonably necessary to p'o"ct 0' to pmv;de foc the safety ofthe aggdeved peeson 0' any child of such aggdeved person. (3) The Maglst"te may "qui" fmm the "spondent to execute a bond, with 0' without su"tI", foc p"venHng the commission of domestic vlnlen". . (4) An o,d" und" sub-secHon (3) shall be deemed to be an oed" und" Chapt" VIII of the Code ofCdmlna] Pmcedu", 1973 and shall be doalt with acco,dingly. (5) While passing an o,d" und"sub-soetlon (/). sub-soetlon (2) 0' sub-section (3), ~e couc! may also pass an o,d" dl",Hng the om", In ch"ge ofthe nea"st poHce stat,,", to give pmteetlon to the aggdoved p,rson 0' to assist hoc 0' the person making an appHcation on hoc behalfi. the Imp]emootatlon of the o,d". (6) While making an o,d" und" sub-mHou (/), the Magls"ate may Imposo on the "spondent obligations ,,]atlng tn the dlsch"ge of cent and oth" payments, having "g"d to the. financial needs and ",oU"" of the parties. (7) The Magl""'e may dl"et the om", In-ch"ge ofthe poHce station In whoso ju,isdletlnn the Maglst"te has been appmached to assist In the ImplementaHon ofthe pmteetlon odeL (8) The Maglst'ate may di"et the ,espondent to ,etum to the possession of the a.gdeved peesnn h" ",;dhon 0' any oth" pmperty oc valuable secudty to which she is enHlled to. 2 of 1974 Moo"", ,,",f,