Delhi High Court: Daughter-In-Law Has Right To Live In Marital Home Even If Husband Is Disowned

In a significant observation, the Delhi High Court has clarified that a wife residing in the marital home is considered a member of that family. Even if her husband has been disowned from the property by his parents, the wife retains the right to live in that house.

Justice Sanjeev Narula made this observation while dismissing a petition filed by the mother-in-law and late father-in-law, which sought the eviction of their daughter-in-law from the house. In an order dated October 16, the court stated that the daughter-in-law cannot be forcibly removed from the house without due legal process.

In this case, the daughter-in-law was represented by Advocate Samvedna Verma, while the in-laws were represented by Advocate Kajal Chandra.

According to documents, the dispute began in 2010 after the woman's marriage, when she started living with her husband in his parents' house. In 2011, the relationship between the husband and wife soured, after which several civil and criminal lawsuits were filed between the two parties.

In the petition, the in-laws argued that the house where the woman is living is the self-acquired private property of the late Daljeet Singh (the father-in-law), and therefore, it cannot be considered a "shared household" under the Protection of Women from Domestic Violence Act.

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However, the court rejected this argument. It stated that the current living arrangement, with the mother-in-law residing on the upper floor and the daughter-in-law on the lower floor, maintains a good balance between the rights and needs of both parties.

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