Can an adult daughter be evicted by parent from their house ?
Protul Chatterji
(Querist) 15 September 2014
This query is : Resolved
I have close associate who is a lady. She is adult but unmarried. She is only daughter of her parent. Her father is retired, earns pension and also earns from private practice. Mother is housewife. Daughter stays with her parents as a part of joint family where the house belongs to her auntie and uncle (mom's sister and her husband).
The issue is, her parent (mom as well as dad) very often threatens her to throw her out of the house. She is extremely tensed due to this, specially if they physically drive her way, don't let her in or may even force her out.
She is working but her salary is meagre.
We heard there is a legal protection for unmarried daughter and parents have to provide shelter to an unmarried daughter. What are such sections of law (Civil/Criminal) ?
ROHIT SHARMA
(Expert) 15 September 2014
1. Unmarried daughters are deemed dependents upon their parents. She cannot be asked to leave the house and she should not do it. She can file a criminal complaint u/s 125 Cr.p.C. seeking maintenance from her father even if he retired.
Advocate. Arunagiri
(Expert) 15 September 2014
What is the reason for this problem? Normally parents will not throw out their adult daughter.
If her salary is not enough she can seek for a maintenance from her father u/s 125 cr.p.c.
Advocate. Arunagiri
(Expert) 15 September 2014
Father is also having the similar rights over the daughter, he can also claim maintenance from his daughter.
Devajyoti Barman
(Expert) 16 September 2014
Parents can not throw the unmarried daughter even if she is adult.
She can claim maintenance as long as she remain unmarried u/s 15 crpc.
Rajendra K Goyal
(Expert) 16 September 2014
The daughter has the right of maintenance till she is married. She should oppose the threat.
ajay sethi
(Expert) 16 September 2014
un married daughter cannot be thrown out . since she is working she cannot get maintenance as father is also retired
Protul Chatterji
(Querist) 16 September 2014
Mr Ajay Sethi - Maintenance is not needed for her. All which I needed to know, can she be thrown out ? If not, which legal section protects her ?
Regards
Sudhir Kumar, Advocate
(Expert) 16 September 2014
since facts of the case are not there I am not able to agree or disagree with Mr Ajay Sethi.
T. Kalaiselvan, Advocate
(Expert) 24 September 2014
Though the experts have given various opinions to your query, it is better to consult a local lawyer, apprise him with the full details and seek his advise for further steps in this regard, because you seem not satisfied with the experts opinion, moreover you are not coming out details while seeking opinion to the problem.
Anirudh
(Expert) 24 September 2014
No parent threatens to throw their children, especially a girl from their house WITHOUT ANY REASON. If the girl wants protection of a shelter, then she has to behave. She cannot on the one hand say that she has a right to live as she pleases and yet on the other hand seek protection of a shelter in her parent's house.
Further, you have not, in spite of repeatedly being asked by the experts, given the reason why this problem has arisen. Come with full and complete facts, in case you want an appropriate answer.
Protul Chatterji
(Querist) 24 September 2014
Do noy be judgemental or assue things. I got my answer and satisfied. Matter stands cosed
