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Woman mistreating aged in-laws has no right to live in their house: Delhi High Court

The Delhi High Court has ruled that if a woman mistreats her in-laws, then she has no right to live in their house. The High Court ruled that a daughter-in-law can be evicted from the aged in-laws’ house as they have the right to live peacefully. The court also said that a daughter-in-law does not have an indefeasible right of residence under the Domestic Violence Act.

The high court’s verdict came after a woman approached the High Court challenging a trial court order that denied her the right to accommodation in her matrimonial house. She submitted before the court she was wrongly evicted from the house as it was a shared household and urged the court for an alternative accommodation till her marriage continues.

However, the court noted that both in-laws are senior citizens in the case and are entitled to live peacefully. It noted that they should not get haunted by the marital discord between their son and daughter-in-law,

“I am of the considered opinion since there exists a frictional relationship between the parties, then at the fag end of their lives it would not be advisable for old parents to stay with appellant and hence it would be appropriate if an alternative accommodation is provided to the appellant as is directed in the impugned order per Section 19(1)(f) of the Protection of Women from Domestic Violence Act,” said the court in its order.

The Delhi High Court noted that the right of residence under Section 19 of the DV Act is not an indefeasible right of residence in the shared household. However, the court recorded the undertaking from the respondent father-in-law that he would provide alternative accommodation to the woman till her marriage with his son is in existence.

The woman’s husband lives in a separate rental accommodation and has not claimed any right in the father’s property. The woman, a mother of two minor daughters, had contended that the property was purchased out of joint family funds. The father-in-law had approached the trial court in 2016 seeking eviction of the daughter-in-law.

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