Can the victim get a separate house to live in?

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.

Answer By Ayantika Mondal

Dear Client, The answer is yes, you can most of the time get legal assistance in helping obtain a separate residence or financing one, because of laws specifically protecting women, which strive to prevent domestic violence. Protection against Abuser Living situation can be changed by a victim filing before a court, usually a Magistrate, under such acts as the Protection of Women from Domestic Violence Act (PWDVA): The court may also make an order to have the abusing party to vacate the shared home allowing the victim to remain in the already existing house securely. Alternative Accommodation: In case the victim is required to relocate due to her/his safety, the court may direct the abuser to find similar accommodation or cover rent on another place. That imposes the economic cost to the abuser and helps the victim to become independent. Maintenance and Monetary Relief Entitled to claim maintenance, which may usually contain housing support, during divorce, separation, or protection proceedings: Separate House allowance: When courts find that a victim is not to be deprived of their right to live independently of their abuser, they may grant an allowance to be given towards a separate rental and added to the maintenance order. One of the ways is that the law recognizes that there are times when separation is necessary to stay safe. Emergency and Transitional Housing In addition to court orders, there is immediate assistance: Shelters and NGOs: There are numerous government-supported and independent organizations that provide emergency shelters and transitional housing to those victims of domestic violence so that they can be safely housed immediately. Legal Aid: The legal-aid services may assist in dealing with the court system and secure the required protection and residence orders. I hope this answer helps; if you have any further questions please don’t hesitate to contact us. Thank you