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shivani (housewife)     07 April 2022

Eviction: important

Wife stays in matrimonial home in a posh area in south delhi since 13 years, no child, husband stays at some rent house at a low level area just due to the legal tactic.. While evicting a daughter-in-law from her matrimonial house/sharedhousehold, alternate accomodation arranged by the husband has to be of the same level as per the matrimonial home or as per where the husband has been residing currently? And if husband arranges an accommodation at a low level area, will the court force the wife to go and live forcefully at a low level and an unsafe area ? Please advice and if there are judgements by the supreme court. Thank you


 3 Replies

P. Venu (Advocate)     07 April 2022

You have not disclosed the congtext for this query.

shivani (housewife)     08 April 2022

Sir its a possession suit filed by the fatherinlaw against me the daughterinlaw , for my eviction from the matrimonial home, property is inherited and not self acquired , still the trial court has passed an order for possession against me , i have annexed all the important evidence in the high court.there matter is pending. Nees to know that while evicting the daughterinlaw from the house, husband has to arrange the same level of accomodation as per the matrimonial house or as per where the husband is residing currently 

P. Venu (Advocate)     10 April 2022

It is impossible that there could be any definite suggestion on the issue. In my understanding, the wife is entitled ofr decent residence, not necessarily posh.

If the wife avers that the husband has adopted legal  tactic in residing in a 'low level' area. the onus vests with the wife to prove the same. Please not that the husband has the autonomy to choose his residence depending upon his financial means and status.

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