Legal Advice

Alternate accommodation under the domestic violence act

Query

My wife wants alternate accommodation under the Domestic Violence Act. She filed a complaint under section 12 of the domestic violence act and claimed residence order and protection order. There was some dispute between her and my mother. She has lived in my house only for two years, during her stay in the matrimonial home she always created chaos on petty issues. She has ruined my life, and now I want to get rid of her. Can the Magistrate direct me to provide to her an alternate accommodation?

Advice

Your wife has the legal right to reside in her matrimonial home under Section 17 of the Domestic Violence Act, which grants her the right to residence. However, she does not have any proprietary rights or ownership over your house. It is your responsibility as her husband to provide her with a safe and secure living space.

Your wife can only claim the right to reside in the shared household. The definition of a shared household is quite broad, encompassing any place where she has lived or currently lives after marriage. The Supreme Court has interpreted this definition liberally to protect victims of domestic violence.

If your wife proves domestic violence in the shared household, the court can pass an order of alternate accommodation under Section 19(1)(f) of the DV Act. This is only possible if the court deems the shared household to be unsafe for your wife. The court may then direct you to provide alternate accommodation that is equivalent to the shared household.

To pass an order for alternate accommodation, the court will consider several factors, including the severity of the domestic violence, your financial condition, and the circumstances of the case. The court may only pass such an order if your wife faced extreme violence in the shared household, you have the financial means to provide alternate accommodation, and other circumstances require such an order.

It is essential to note that the court cannot pass a general order for alternate accommodation. The decision must be based on the facts and circumstances of the case, and it should be the last resort to provide a safe and peaceful abode for the wife.

In your case, if you can prove that your wife left the matrimonial home without any reason or that the allegations of domestic violence are false, frivolous, or made with the intent to harass you and your family, you may be able to defeat her in the lawsuit.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Domestic Violence

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