JUDGEMENT ATTACHED BELOW:
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The Delhi High Court rejected a woman’s plea claiming her right to stay in her in-laws’ house, on Tuesday on the ground that her 60-year-old mother-in-law’s extremely frail health does not permit it.
A bench of justices Pradeep Nandrajog and SP Garg rejected the woman’ appeal also saying that a single judge bench of the court had earlier ordered the woman’s husband and mother-in-law to pay her45,000 as maintenance and30,000 as rent to hire a separate house, to which the two had already agreed.
The bench rejected the woman’s plea, saying if permitted to reside with her in-laws in their upscale South Extension house, the daily tiff between the duo would have an extremely adverse impact on the health of her mother-in-law who is a heart patient.
Referring to ‘tachycardia’ suffered by the elderly lady that involves loss of heart muscle strength by up to 80 per cent, the court said: “The constant strife with the newly married daughter-in-law in her house would certainly have an adverse effect on the mother-in-law.” Besides, the husband of the appellant is currently in Hyderabad and not at Delhi, the court added.
The court order came on an appeal by Evneet, the estranged wife of South Extension resident Prashant Chaudhry. On a plea by Evneet, the single judge bench had in December 2010 provided for a generous maintenance and house rent to her after her mother-in-law challenged her claim to stay in the house. The elderly woman had contended that the house belonged neither to her son nor her husband and was gifted to her by her mother as a wedding gift.
Appearing for the elderly woman and her son, senior counsel Geeta Luthra had argued that the mother-in-law was the sole owner of the property and her daughter-in-law cannot lay any claim on it.
