Legal Advice

Is it necessary to submit rent receipt for seeking residence order

Question: Is it necessary for the party to submit rent receipts/agreement for claiming the amount of house rent awarded in DV case under Section 19(f). Any Citation or law to highlight the information.

Advise

Yes, it is necessary for the party to submit rent receipts or a rent agreement for claiming the amount of house rent awarded in a Domestic Violence (DV) case under Section 19(f) of the Protection of Women from Domestic Violence Act, 2005.

Section 19(f) of the Act allows the Magistrate to direct the respondent (person against whom the complaint is filed) to provide alternative accommodation to the aggrieved person (person who has filed the complaint).

In order to claim the amount of house rent awarded under Section 19(f), the aggrieved person must submit proof of their rental expenses, such as rent receipts or a rent agreement, to the Magistrate. This is because the Magistrate will need to verify the actual amount of rent paid by the aggrieved person before awarding the amount of house rent as monetary relief.

There is no specific citation or law that mandates the submission of rent receipts or a rent agreement for claiming the amount of house rent awarded under Section 19(f). However, it is a general legal principle that a party must provide evidence to support their claim for damages or compensation.

Therefore, the aggrieved person must submit rent receipts or a rent agreement to prove their actual rental expenses and claim the amount of house rent in residence order under Section 19(f) of the Act.

Shivendra Pratap Singh

Advocate

High Court Lucknow