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Promoting Harmony
Daaman
Maintain healthy balance between Wife's and Old Parents Rights
Vinay Varma Vs Kanika Pasricha and Anr
Delhi HC
29/11/2019
CM (M) 1582/2018 & CM APPL. 53645/2018
About/from the judgment:
While a daughter-in-law's right to residence & roof over her head is crucial, the parents' right to enjoy their property & earn income from it is equally important, Delhi HC noted.
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In a ruling last week, which will help subordinate courts grappling with thousands of such cases strike a balance, the court came out with guidelines on dealing with matrimonial disputes where the parents/in-laws get dragged into property claims by their children.
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The court highlighted that the 2 special laws - Protection of Women from Domestic Violence Act, 2005 (DV Act) & Maintenance & Welfare of Parents & Senior Citizens Act, 2007 - deal with "overlapping nature of relationships which they seek to govern." The court pointed out the "overarching pattern" where the parents/in-laws rely on the rights under the Maintenance of Parents Act, & the daughter-in-law banks on the Domestic Violence Act, as both the parties seek protection & enforcement of rights in civil & criminal proceedings.
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Laying down broad norms on whose rights have to be given preference in which case, the HCÂ said it would help courts in reaching a view if the obligation of providing the shelter was on the in-laws or the husband of the woman.
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The court said a court/tribunal has to 1st find out the nature of the relationship between the parties & their children (son or daughter). If the case involves eviction of a daughter-in-law, the court has to ascertain if she was living as part of a joint family. If the relationship is acrimonious, the parents can be permitted to seek eviction of the son/daughter-in-law or daughter/son in-law from their premises.
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In such circumstances, the obligation of the husband to maintain the wife would continue in terms of the principles under the DV Act but won't flow on to his parents.
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The court also cited a 2nd possibility where the relationship between the parents & the son were peaceful or they collude with the son to evict the daughter-in-law. In such a case, the HC said the obligation to maintain & provide shelter to the woman would remain with both with the in-laws & the husband, especially if they were living as a joint family.
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"In such a situation, while parents will be entitled to seek eviction of the daughter-in-law from their property, an alternative reasonable accommodation will have to be provided to her," Justice Singh noted.
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The court also laid down a 3rd scenario where the son or his family was ill-treating the parents. It such a case, parents would be entitled to seek unconditional eviction from their property & also put the property to use for generating income.
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The HC said both these laws "would have to be borne in mind while passing the orders" to ensure conflict between the rights of the parents & the daughter-in-law were resolved.
Read the Judgment
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