Daughter-in-law’s right to live in shared family cannot alienate in-laws from family: Delhi HC

Daughter-in-law’s right to live in shared family cannot alienate in-laws from family: Delhi HC

The Delhi High Court, while hearing a case related to a matrimonial dispute recently, observed that the right of a daughter-in-law in a shared family does not permit other in-laws to be excluded from that shared family.

A bench of Justice Pratibha M Singh was hearing a petition related to a matrimonial dispute by a woman.

The woman had filed a petition against the order of the Divisional Commissioner setting aside the order of her eviction from the shared family but directing her to share the house with her in-laws.

What is the Issue?

In this case, the respondents (mother-in-law and father-in-law) had filed a petition for eviction from the house under the Maintenance and Welfare of Parents and Senior Citizens Act before the District Magistrate, South East Delhi, against the appellant (daughter-in-law).

On September 22, 2022, the District Magistrate issued a direction to evict the petitioner (daughter-in-law) from the house of the respondents (in-laws), against which the petitioner appealed before the Divisional Commissioner.

On March 23, 2023, the Divisional Commissioner set aside the order of eviction of the petitioner but allowed the respondents to stay in the house with the petitioner.

In his submission before the Court, the counsel appearing for the petitioner submitted that though the petitioner is satisfied that the order of eviction has been set aside by the Divisional Commissioner, she has a minor son aged 9 years with whom she lives. Since she does not have a good relationship with her in-laws, she does not want her in-laws to live in the same house with her.

In the submission made before the court by the respondents, it was stated that 5 alternative properties were suggested to the petitioner but none of them was accepted by the petitioner.

When the court inquired about the property, it was not disputed by the petitioner that the ownership of the property belongs to the defendants (father-in-law).

The court referred to the Supreme Court’s judgment in Satish Chandra Ahuja vs. Sneha Ahuja, saying that “the concept of joint family clearly states that the right of daughter-in-law in a joint family is not an inalienable right and the in-laws are not excluded…The daughter-in-law can claim the right to live in a shared or matrimonial family but she cannot say that her in-laws should not live with her in the shared family.”

Case : Ritu Chernalia Vs. Amar Chernalia & Ors. (W.P.(C) 6986/2023 & CM APPLs. 27185-86/2023)

Read the order here: