A criminal complaint for harassment has been filed against my husband and proceedings are ongoing. My husband and in-laws are pressuring me to vacate the matrimonial home. Can I claim a legal right to continue residing in the matrimonial home during the pendency of criminal proceedings against my husband in Kolkata?
If you're going through criminal proceedings related to marital harassment in Kolkata and are worried about being forced out of your matrimonial home, you have a specific and well-established legal right to remain, independent of how the criminal case itself progresses. Under Section 17 of the Protection of Women from Domestic Violence Act, 2005, every woman in a domestic relationship has the right to reside in the shared household, regardless of whether she has any legal title or ownership interest in the property, and this right cannot be taken away except through the procedure established by law.
This means that even if the property legally belongs to your husband or his family, you cannot simply be evicted or locked out because a criminal complaint has been filed or because tensions have escalated within the family; any attempt to remove you from the shared household without following due legal process can itself be challenged as a further act of domestic violence, potentially strengthening your existing case. If you're facing threats of eviction or have already been forced out, you can apply for a residence order under Section 19 of the Act, which can direct that you be permitted to return, or alternatively secure alternative accommodation or rent payments if returning isn't safe or practical.
It's worth understanding that your right to reside in the shared household operates independently of your criminal complaint's progress or outcome, meaning you don't need to wait for the criminal case to conclude before seeking this residence protection, and in fact, seeking it promptly is usually the safer and more effective approach if your housing security is under threat.
Because securing and defending your right to remain in the shared household often needs quick action, especially if there are active threats of eviction, it helps to move on this promptly alongside your criminal complaint. Aapka Legal Advice can help you file for residence protection without delay.
If you're concerned about your right to stay in your matrimonial home during ongoing criminal proceedings in Kolkata, this right exists and can be enforced. Consult experienced criminal lawyers in Kolkata about securing a residence order promptly.