Impugned
Provision / other anomaly
|
Breach of
Section / Article
|
Section 19(b)(d) of the impugned Act
|
Article 21 of the Constitution of India
|
SECTION 19: Residence orders
(1)
While disposing of an application under sub-sec. (1) of Sec. 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;
(b) directing the respondent
to remove himself from the shared household;
(c) restraining the
respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;
(d) restraining the
respondent from alienating or disposing off the shared household or encumbering
the same;
(e) restraining the
respondent from renouncing his rights in the shared household except with the
leave of the Magistrate; or
(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.
(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.
(3) The Magistrate may
require from the respondent to execute a bond, with or without sureties, for
preventing the commission of domestic violence.
(4) An order under sub-sec.
(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.
(5) While passing an order
under sub-sec. (1), sub-sec. (2) or sub-sec. (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.
(6) While making an order
under sub-sec. (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.
(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.
(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.
The Argument
This
is excessive and may render the Respondent male homeless, even though he may be
the owner of the property. It is akin to say that whereas people of India are
sheltered by the Constitution, and made homeless by the Parliamentary
laws. The law would operate excessive
upon the Respondent concerned.
Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.
Law
Referencer: https://www.litigationplatform.com/
Thank you.
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