Wife Can Stay In Shared House Even If In-Laws Disown Husband: Delhi High Court

Wife Can Stay In Shared House Even If In-Laws Disown Husband: High Court

The Delhi High Court has held that a wife residing in the house immediately after her marriage constitutes “shared household” and is entitled to reside there despite the husband being disowned by his parents later.
Justice Sanjeev Narula made the observation while dismissing an application filed by the woman’s mother-in-law and late father-in-law. In an order passed on October 16, the judge held that the daughter-in-law cannot be dispossessed except through due legal process.

Advocate Samvedna Verma represented the daughter-in-law, while the parents-in-law were represented by advocate Kajal Chandra.

According to the petition, the dispute, spanning over a decade, arose after the daughter-in-law’s marriage to the petitioner’s son in 2010 and her subsequent residence with her in-laws at the property.

The matrimonial relationship soured in 2011, leading to multiple civil and criminal proceedings between the parties.

The petitioners contended that the property was the self-acquired estate of the late Daljit Singh and, therefore, could not be deemed a shared household under the Protection of Women from Domestic Violence Act.

The court, however, maintained that the existing arrangement — where the mother-in-law resides on the first floor and the daughter-in-law on the ground floor — adequately balances both parties’ interests.