Please advice-important
shivani
(Querist) 01 October 2021
This query is : Resolved
If husband already leaves the house and files a divorce case, and if wife continues to reside in her matrimonial house, then can a father in-law evict his daughter in law from the matrimonial house under injunction case without a trial ?
K Rajasekharan
(Expert) 01 October 2021
It is not possible for the father-in-law to evict a daughter-in-law from the matrimonial house through civil court injunction.
When a father-in-law fights a case with her daughter-in-law, for evicting her from the matrimonial house it becomes a difficult case for the court to decide, as both have equal rights over there at the time of filing the case.
The court will have to find a settlement after involving the husband in the case later. The husband is the person who have to find an accommodation for the wife.
I have described the legal position in this regard, as espoused by the Supreme Court in a few judgements, in an article with enough links to them at https://lawwatch.in/right-of-senior-citizen-to-evict-daughter-in-law/
Pradipta Nath
(Expert) 02 October 2021
She can take recourse under the DV Act. This protection cannot be superseded by any order of injunction or other legislations.
Advocate Bhartesh goyal
(Expert) 02 October 2021
No, Father in law can not legally evict his daughter in law from matrimonial house through injunction suit.rather wife can get restrained father in law by court not to evict her from matrimonial law.
SHIRISH PAWAR, 7738990900
(Expert) 02 October 2021
Hello,
can a father in-law evict his daughter in law from the matrimonial house under injunction case without a trial ?
No.
Court will not pass the order without hearing daughter in law. Daughter in law can protect her right with the help of domestic violence act.
Shubham Bhardwaj
(Expert) 02 October 2021
Dear Ms Shivani,
I agree with the comments of experts in this regard. A daughter in law cannot be evicted from matrimonial house even under Senior Citizens Act 2007. Please refer judgment of the Hon'ble Supreme Court in the case of Smt. S Vanitha versus Deputy Commissioner, Bengaluru Civil Appeal No 3822 of 2020.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
shivani
(Querist) 02 October 2021
Thanks to all the above for an advice🙏
Husband is offering a rent accomodation to me, basically he wants me to stay alone on rent as he wants a divorce, father in-law has suddenly filed an application of 12(6) under 151 cpc for my eviction without a proper trial, but I have refused to stay on rent ,have mentioned in front of the judge in my reply and in an argument also that I don't want to stay on rent, can the judge ask me to stay on rent alone forcefully without a proper trial of the case?
Dr J C Vashista
(Expert) 03 October 2021
Repeated query, see reply in original thread and avoid posting same query time and again, which is absurd and ridiculous.
shivani
(Querist) 03 October 2021
@jc vasishta - thanks sir for your advice. There was some problem in posting a reply so it got posted twice! I have an additional point to tell,husband is offering an alternate accomodation to me under the injunction case, but I have told the judge clearly that I don't want to stay on rent, can the judge order me to stay at any rent house alone forcefully & without my willingness?
