Wife Must Vacate Mother-In-Law’s House Amid Family Dispute, Says Delhi High Court

The Delhi High Court has upheld an order directing a woman to vacate her mother-in-law’s home after disputes with her husband affected the elderly woman’s peace at home. The court gave weight to the mother-in-law’s right to live peacefully and considered the woman’s ability to arrange alternative accommodation.

The woman works as a postgraduate teacher and owns a separate house in Bahadurgarh, Haryana. The court took these circumstances into account while finding that she could move out without facing undue hardship.

Court Prioritises Elderly Woman’s Peace At Home

The high court considered the rights of senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, alongside the daughter-in-law’s claim to live in a shared household.

The court observed that disputes between the couple had made it difficult for the mother-in-law to live peacefully. It ruled the eviction order after considering the impact on the senior citizen and the fact that the daughter-in-law had another house to live in.

The judgement does not imply that a mother-in-law can have her daughter-in-law evicted whenever there are family disagreements. The authorities have to look into various factors, such as the ownership of the property, the well-being of the senior citizen in that matter, as well as the availability of a suitable alternative accommodation before deciding on the need for eviction.

Domestic Violence Complaint Remains A Separate Matter

The woman had filed a domestic violence complaint against her husband and mother-in-law on August 13, 2018. The matter is pending before the Judicial Magistrate First Class (Mahila Court) at Saket Courts in New Delhi.

The high court clarified that eviction proceedings under the Senior Citizens Act are independent of maintenance proceedings under the same law. 

It implies that senior citizens can seek eviction through the prescribed process even if they have not filed a separate application for maintenance. The pending domestic violence complaint does not, in itself, bar authorities from looking at another request for eviction. Every proceeding is a separate case and is heard on its own merits, the judgement said.