Delhi High Court’s Justice AK Pathak vide judgment dated
25th July 2014 in RFA No.299/2014 titled as ‘Sudha Mishra vs Surya Chandra
Mishra’ had ruled that daughter-in-law has no right to continue to occupy the
self acquired property of her parents-in-law against their wishes more so
when her husband has no independent right therein nor is living
there, as it is not a “shared household” within the meaning of Section 17(1) of
The Protection of Women from Domestic Violence Act, 2005. Wife is entitled to
claim a right in a shared household which means a house belonging to or taken
on rent by the husband or the house which belongs to joint family of which
husband is a member. Daughter-in-law cannot assert her rights, if any, in the
property of her parents-in-law wherein her husband has no right, title or
interest. She cannot continue to live in such a house of her parents-in-law
against their consent and wishes. The Judge further held that even an adult son
or daughter has no legal right to occupy the self acquired property of the
parents; against their consent and wishes. A son or daughter if permitted to
live in the house occupies the same as a gratuitous licensee and if such
license is revoked, he has to vacate the said property.
This decision has been challenged by the daughter-in-law in
the Supreme court in SLP(C) NO. 23519/2014. Supreme Court stayed the
execution of the trial court and HC's orders asking the woman to hand over the
property, however Court reportedly remarked that it would be better if she
lives apart and lets the in-laws live in peace.. The petition came up for
hearing before the bench of Justices Madan B Lokur and C Naggappan on 19th
September 2014 when SC decided to examine this important issue. With thousands
of cases filed under anti-dowry laws and Domestic Violence Prevention Act on
this specific issue pending across the country, the fate of the case will be
keenly awaited. In its decision, SC is likely to interpret the meaning of a
shared household under the domestic violence Act. The next date is 14th
October 2014.
