As of my last update in September 2021, the law pertaining to domestic violence in India is governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA). According to this law, a wife can seek a residential order under domestic violence in India if she is facing any form of domestic violence from her husband or other family members.
The PWDVA defines domestic violence broadly, including physical, sexual, verbal, emotional, and economic abuse, as well as harassment, intimidation, and any other harmful conduct that jeopardizes the woman’s well-being. To seek a residential order, the wife must be able to demonstrate that she is facing domestic violence or that there is a likelihood of violence in the near future.
A residential order allows the affected woman (wife) to stay in the shared household or a separate residence ordered by the court. The order can also restrain the abusive husband or family members from dispossessing her from the shared household.
To seek a residential order, the wife should file an application before the Magistrate or Protection Officer in her area, or at a Domestic Violence Protection Cell, which are usually available at police stations or courts. The application should outline the instances of domestic violence faced by the wife and the relief sought, including the request for a residential order.
It is important to note that laws may change over time, and it’s always best to consult a legal professional or a qualified advocate for the most up-to-date information and guidance in a specific case.
