Answer By law4u team
The Protection of Women from Domestic Violence Act (PWDVA), 2005, empowers women to seek a range of reliefs and protections in domestic violence cases. Among these, the right to reside in a shared household is fundamental. However, when staying in the shared household becomes unsafe due to violence or threats, the law allows women to claim alternate accommodation as a form of relief to ensure their safety and dignity.
Legal Provisions for Alternate Accommodation Under DV Law
Right to Reside in Shared Household
Section 17 of the PWDVA provides the right for a woman to reside in the shared household, regardless of ownership or tenancy status.
This right protects her from eviction or being thrown out by the abuser or family members.
Claiming Alternate Accommodation
If the shared household is unsafe or hostile, the court can order the respondent (usually the husband or family members) to provide alternate accommodation to the woman.
The alternate accommodation is meant to ensure her safety when residing in the shared household is not feasible.
The court has the discretion to direct the abuser to arrange suitable alternative housing or shelter facilities.
Protection Orders and Accommodation Relief
Courts can pass protection orders under Section 18 to prevent harassment or dispossession.
Along with protection orders, courts may grant interim or permanent orders for alternate accommodation based on the survivor’s circumstances.
Financial Support for Accommodation
Section 20 allows the woman to claim monetary relief, including rent or other expenses related to alternate accommodation, if the respondent refuses or is unable to provide a safe residence.
The court may order the abuser to bear the costs of alternate housing or provide maintenance accordingly.
Shelter Homes and Temporary Relief
Women can also seek refuge in government-run or NGO shelter homes if immediate alternate accommodation is unavailable.
Shelter homes provide temporary safety, counseling, and support services.
Judicial Interpretations
Courts have consistently recognized the need for alternate accommodation in cases where the woman’s safety is compromised, emphasizing the importance of safeguarding her right to a safe living environment.
Example
A woman subjected to repeated domestic violence at her matrimonial home fears for her life and is forced to leave the house. She approaches the court seeking protection and alternate accommodation.
Steps she can take:
File an application under the PWDVA seeking protection orders and relief for alternate accommodation.
Request the court to direct the husband or his family to provide her with safe alternate housing.
If the respondent fails, ask the court to grant monetary relief for rent or accommodation expenses.
Temporarily stay in a shelter home or with relatives while legal proceedings continue.
Obtain legal aid or assistance from NGOs specializing in women’s rights and domestic violence.
