The High Court has ruled that a daughter-in-law’s right to live in a shared household under Section 19 of the Domestic Violence (DV) Act is not absolute. This decision came from an appeal challenging a previous civil court judgment.
In this case, the husband claimed sole ownership of the property and filed an eviction suit against his daughter-in-law, who was the appellant. The civil court ordered the daughter-in-law to vacate the property, awarded damages, and prohibited her from creating third-party interests.
On appeal, the daughter-in-law argued that she lives in a single room with her minor children and that the property was bought with funds from the Joint Hindu Family. However, the court noted that she did not provide evidence proving the property was purchased with joint family funds. The court concluded that the father-in-law had acquired the property on his own.
Considering the advanced age of the in-laws, the court acknowledged their right to live peacefully without being affected by the marital issues between their son and his wife. Nevertheless, the court upheld the eviction order but stayed its execution for two weeks to give the daughter-in-law time to find alternative accommodation.
Case No.: RFA 832 of 2018
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