Recently, the Delhi High Court ruled that the right of residence granted to a woman under the Domestic Violence Act (hereinafter referred to as ‘DV Act’) cannot be treated as a claim of ownership over property belonging to her in-laws, while upholding an eviction order passed against a widowed daughter-in-law and her son. The observations come at a time when courts are increasingly dealing with conflicts between a woman’s right to residence under the DV Act and the right of senior citizens to peacefully enjoy their own property with dignity.
The dispute arose after a woman continued residing with her son at her in-law’s property following the death of her husband. As tensions between the parties escalated, the elderly couple sought their eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, alleging ill-treatment and interference with their peaceful enjoyment of the property.
The Counsel for the daughter-in-law argued that she was entitled to remain in the shared household under the DV Act. However, the in-laws maintained that the property exclusively belonged to them and that prolonged cohabitation had become impossible. The Court also noted that the woman was a government teacher with an independent source of income and was not facing economic destitution or homelessness.
Justice Purushaindra Kumar Kaurav observed that the DV Act offers a protective right of residence but does not confer ownership rights over a shared household. Stressing the need to balance competing legal protections, the Court held, “The right of residence is a protective right, intended to secure shelter, and is subject to the balancing of competing rights, including the right of senior citizens to peacefully enjoy their property.” The Bench further observed that where cohabitation becomes “wholly unworkable,” the rights of senior citizens must prevail, provided alternate accommodation or rent arrangements are available to the daughter-in-law.
Consequently, the Court directed the mother and son to vacate the property while also ensuring they would receive possession of another property owned by the in-laws.
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