Single judge bench of Delhi High Court held that the Court has to balance the rights of the aggrieved person and the parents-in-law when the question of residence arises for the aggrieved person while her marital relationship subsists.
From Paras 24 and 25,
24. Admittedly where the parties are residing is a flat, having only three bed rooms, a drawing room and the appellant is in possession of a room in the said flat, then considering there are various complaints filed by them against each other; their relations being not cordial, would it in such circumstances, be appropriate for them to stay together and fight every minute of their existence. In Satish Chander Ahuja (supra) in para No.90 the Court had observed we need to strike a balance between the rights of daughter-in-law and her in-laws.
25. Admittedly, the right of residence under Section 19 of the DV Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law and mother-in-law. In this case, both being senior citizens of aged about 74 and 69 years and being in the evening of their life, are entitled to live peacefully and not to be haunted by the marital discord between their son and daughter-in-law.
From Para 27,
27. Thus, where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against his daughter-in-law. A strained frictional relationship between the parties would be relevant to decide whether the grounds of eviction exist. I am of the considered opinion, since there exist a frictional relationship between the parties, then at the fag end of their lives it would not be advisable for old parents to stay with appellant and hence it would be appropriate if an alternative accommodation is provided to the appellant as is directed in the impugned order per Section 19(1)(f) of the Protection of Women from Domestic Violence Act
And finally from Para 28,
Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022
28. Thus, there is no force in the appeal and accordingly it is dismissed. The undertaking made at Bar to provide an alternative accommodation to the appellant till her matrimony exists be filed in the form of an affidavit of the respondent within two weeks from today before the learned Trial Court. The execution of decree be postponed till such suitable alternative accommodation is found and the applicant is conveniently shifted therein. The learned Trial Court to impose conditions in case of non-payment of rental including electricity /water charges etc by respondent.
Citations : [2022 SCC ONLINE DEL 594]
Other Sources :