Recent delhi hc judgement in favour of in-laws
Seema
(Querist) 14 August 2014
This query is : Resolved
There was a recent Delhi HC judgement stating that inlaws are not compelled to have their daughter-in-law stay with them if they do not wish, especially if it is a self bought house.
This has caused severe panic to my colleague who now apprehends being thrown out of her marital home. She got married into an upper middle class family 16 years ago and has been staying in her marital home ever since (owned by father-in-law). She became a widow one year ago and she realized after her husbands death that she had been left penniless (he had liquidated all their savings.) Now her inlaws want her and her 14 yr old daughter to leave, which will in effect make her a destitute as she has no where to go. Her case is already in court and she is asking the court to be allowed to stay in that house for the safety of her minor daughter and herself. But going by this judgement, she can be on the streets tomorrow. The lady is living in Kolkata. How does this judgement affect her? Please advise.
Seema
(Querist) 14 August 2014
Ref. the above message. The concerned lady was always a housewife and has no source of income.
Devajyoti Barman
(Expert) 14 August 2014
Daughter in law has indeed no right in the house of her in laws. This is settled position by the decision of supreme court several years ago in Batra vs. Btra case.
Seema
(Querist) 14 August 2014
Thank you for your quick response.
That effectively means that a widow is at the mercy of her in-laws if she is living with them, and is liable to be on the streets at any time, which is a very sad predicament for any woman living with her inlaws.
P. Venu
(Expert) 15 August 2014
The facts in this case is distinguishable. It is probable that the court may take a different view.
ajay sethi
(Expert) 15 August 2014
in laws cannot be forced to offer shelter to daughter in law . it is husband duty to take car of his wife . in your case husband died penniless . if your husband had some share in said property belonging to father in law you could not have been evicted
Rajendra K Goyal
(Expert) 15 August 2014
It is the duty of husband and not of in-laws to offer shelter to wife. Agree with the advise of expert ajay sethi.
Rajendra K Goyal
(Expert) 15 August 2014
Sorry, due to system trouble previous reply repeated.
Rajendra K Goyal
(Expert) 15 August 2014
Sorry, due to system trouble previous advise was again repeated.
Biswanath Roy
(Expert) 16 August 2014
There is a solution raising a new point of law on POSSESSION AND DISPOSSESSION and the settled principles laid down therein. Eyes of Judiciary fastened with a piece of cloth but that significantly indicates she is not blind to render justice. I reside at Kolkata and can be of little help to you if you need my help. My mail ID is bnroy.advocate@gmail.com
Seema
(Querist) 18 August 2014
Thank you very much Mr. Roy. I shall convey your offer to my friend and perhaps she will get in touch with you.
T. Kalaiselvan, Advocate
(Expert) 20 August 2014
agreed with the experts opinion that the daughter in law cannot claim a share or residence rights in her father/mother in law's self acquired property.
