Can the victim get a separate house to live in?

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Answer By law4u team

Yes, under Indian law, a victim (especially a woman) can get a separate house or residence to live in, particularly in cases involving domestic violence, abuse, or breakdown of marriage. Here are the legal provisions and options available: 1. Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) Section 19 – Residence Orders The Magistrate can pass an order directing the respondent (husband or in-laws) to: Allow the victim to reside in the shared household Restrict the respondent from entering that portion of the house Provide an alternative accommodation or pay rent for a separate house if staying together is unsafe or impractical This applies even if the house is owned by the husband or in-laws. 2. Maintenance with Residence under Section 125 CrPC Though Section 125 of the Code of Criminal Procedure mainly deals with monthly maintenance, courts have interpreted it to sometimes include cost of separate accommodation, especially for destitute wives or children. 3. Divorce or Judicial Separation Proceedings During divorce, separation, or 498A IPC cases, the wife can: Seek interim residence orders Request the court to direct the husband to provide a separate house or rent for accommodation 4. Shelter Homes (Short-Term Option) Under the Domestic Violence Act and other welfare schemes: The Protection Officer or police may refer the victim to a Government-recognized shelter home Temporary, but safe and legally protected option 5. High Court and Supreme Court Orders In exceptional cases, courts have directed the husband to: Buy or rent a flat for the wife Pay sufficient rent and deposit for alternate accommodation Restrict entry of abusive in-laws or relatives Key Point: The woman need not own the property to claim a right to residence. Even if she is not a co-owner, the court can grant her right to reside or seek alternative housing. Conclusion: Yes, the victim has the legal right to get a separate house or rent for alternate accommodation under various Indian laws—especially Section 19 of the PWDV Act. Courts take domestic safety and dignity seriously.

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