Add your promotional text...
"Delhi High Court Rules Daughter-in-Law's Right to Reside in Shared Household Not Absolute: Alternative Accommodation Mandated
Facts of the Case: Tanu Gupta, the petitioner, married Nikhil Gupta in 2016 and resided in her in-laws' home, a property owned by her father-in-law. Following marital discord, her husband and in-laws moved out, but Tanu stayed in the shared household. She sought protection under the Domestic Violence Act to remain in the home, but the father-in-law filed a civil suit for possession.
Issues: Whether Tanu Gupta had an absolute right to continue living in the shared household despite the father-in-law's ownership and the family's withdrawal.
Legal Grounds:
Under the Protection of Women from Domestic Violence Act, the petitioner argued for protection from eviction from her "shared household" (Section 19(1)(f)).
The court analyzed the balance between the petitioner's right to residence and the father-in-law's right as the property owner.
The Delhi High Court cited precedents like Satish Chander Ahuja vs. Sneha Ahuja, recognizing that while a daughter-in-law has a right to residence, alternative accommodation must be arranged if eviction is sought.
Order: The court held that the daughter's-in-law right to reside in the shared household is not absolute. The respondent must provide alternate accommodation or pay rent, maintaining a balance between both parties' rights.
These points assist in managing shared household claims, especially under the Domestic Violence Act.
Right to Reside in Shared Household: A daughter-in-law’s right to reside in a shared household is not absolute; it is subject to the law and alternative accommodation provisions under Section 19(1)(f) of the Domestic Violence Act.
Balancing of Rights: The court must balance the rights of the aggrieved woman with those of the property owner, especially if the owner is a senior citizen.
Alternative Accommodation: Eviction is permissible only if suitable alternate accommodation or rent is provided by the husband.
Relevance of Precedent: Important judgments such as Satish Chander Ahuja vs. Sneha Ahuja influence rulings on shared household disputes, particularly regarding the definition of a shared household and permissible eviction processes.
Forum and Claims: Legal practitioners must consider the interplay between civil suits and applications under the Domestic Violence Act when advising clients in similar disputes, ensuring forum shopping is addressed and judicial processes are not bypassed.