Daughter-In-Law Has No Indefeasible Right Of Residence, Can Be Evicted: High Court

The appellant, mother to two minor daughters, had contended that the property was purchased out of joint family funds and from sale proceeds of the ancestral property and thus she also has a right to reside there.

The Delhi High Court has said that a daughter-in-law does not have an indefeasible right of residence in a shared household under the Domestic Violence Act and she can be evicted at the behest of aged in-laws who are entitled to live peacefully.

Justice Yogesh Khanna, who was dealing with an appeal by a daughter-in-law against a trial court order denying her the right to stay in the matrimonial house, stated that in the case of a shared household, there is no embargo upon the owner of the property to claim eviction of his daughter-in-law and in the present case, it would be appropriate if an alternative accommodation is provided to the appellant till her marriage continues.

The judge said that in the present case, both the in-laws are senior citizens who are entitled to live peacefully and not to be 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 a recent order.