Anurupa pal
Published on: March 12, 2022 at 12:46 IST
The Delhi High Court ruled that if a Woman Mistreats her In-Laws, She has no Right to live in their Home. Daughter-in-law can be Evicted from the Home of her Elderly in-Laws because they have the Right to Live Peacefully.
Maintenance and Welfare of Senior Citizens in India
According to The Delhi High Court, a Daughter-in-Law does not have an inalienable Right of Residence under the Domestic Violence Act.
The High Court’s decision came after a Woman Filed an Appeal with the Court, challenging a Trial Court order that denied her the Right to stay in her Matrimonial Home.
She testified in Court that she was wrongfully Evicted from the house because it was a shared household and asked the Court for Alternative Housing while her marriage was still active.
The Court did note However, that both In-Laws are Senior Citizens in the case and have the Right to Live Peacefully. The High Court of Delhi also stated that they should not be haunted by the marital discord between their son and daughter-in-law.
“I am of the considered opinion that because there exists a Frictional Relationship between the Parties, it would not be advisable for old parents to stay with appellant at the fag end of their lives, and thus it would be appropriate if an alternative accommodation is provided to the appellant as directed in the impugned order per Section 19(1)(f) of the Protection of Women from Domestic Violence Act,” the Court said .
The Woman’s Husband lives in a Separate Rental Unit and has made No Claim to the Father’s Property. The Daughter-In-Law is a mother of two minor daughters who claimed That the Property was purchased with money from the Family’s Joint account.
In 2016, the Father-in-law Petitioned the Trial Court for the Eviction of his Daughter-In-Law.
Also read:
Analysis on “Maintenance of Dependents”