Woman Cannot Stay At In-Laws’ House If She Maltreats Them: Delhi HC

The Logical Indian Crew Delhi

August 10th, 2018 / 1:10 PM

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Image Credits: STE India, I am Gujarat

Delhi High Court dismissed a plea by a woman who had challenged the order of district magistrate who had asked her to vacate her in-laws’ place. The woman in question has been accused by her in-laws of physical abuse, cruelty and torture. The Delhi HC observed that a woman has no right to stay at her in-laws’ property if she mistreats them.

The Delhi Maintainance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 allow a senior citizen to seek eviction of his/her son, daughter or legal heirs on the grounds of ill-treatment. This rule excludes the daughter-in-law from the purview. However, Justice Vibhu Bhakru who was hearing this case said that excluding the daughter-in-law from the said rules would weaken the provisions of the rules and making it difficult to safeguard the senior citizens.

As reported by Hindustan Times, the court in its 11-page judgment said, “It is difficult to accept that although a senior citizen is entitled to evict his/her son who is maltreating him, he/she has no option but to suffer the ill-treatment at the hands of his/her daughter-in-law.”


The case

As per the case, Darshna was insisting on living in the in-laws’ house. Reportedly, the relationship between Darshna and her husband was strained. Her relationship with the in-laws, 75-year-old Dhani Ram and his wife was also under stress. In fact, Darshna had filed a domestic violence case against her in-laws, post which her husband filed a divorce case against her.

“It is relevant to note that Darshna has no right, title and interest in the premises and, therefore, cannot insist on residing with Dhani Ram and his wife, especially when the relationship between the said parties had deteriorated to the extent as indicated above,” the court said.

Reportedly, Darshna’s husband was staying at his parents’ house for several months, and Dhani Ram had filed a plea before the district magistrate seeking removal of both their son and daughter-in-law from their house.

Darshna’s counsel had then stated the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 and said that since the concerned property was not Dhani Ram’s self-acquired property, his plea for eviction of her daughter-in-law was not permissible.


Old couple subjected to cruelty and torture

The in-laws had then said that the daughter-in-law would misbehave with them and also subject them to physical violence. The abuse was allegedly so bad that the old couple was forced to lock themselves in a room.

They even produced medical reports which substantiated the claim that they, in fact, were physically assaulted. Dhani Ram also produced CCTV footage showing Darshna assaulting them.

The matter was then sent to the sub-divisional magistrate of Karol Bagh for verification. The report had indicated that Darshna used to fight with her in-laws.

The court dismissed Darshna’s plea stating that while she will be entitled to the maintenance, she will lose the right to property as husband’s parents have terminated the license with them. Also, advocate Geeta Luthra said that this ruling will in no way interfere with the domestic violence case which Darshna has filed against the in-laws.

 

 

Also Read: Bombay HC: Elderly Parents If Ill-Treated Can Take Back Gifted Property From Son


Contributors

Written by : Shraddha Goled

Edited by : Abhinav Joshi

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