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INDIA BUSINESS WORLD - October 1st October 15th 2008
DAUGHTER IN LAW CAN'T CLAIM RIGHT TO LIVE IN IN-LAWS HOUSE: DELHI HC
Delhi High Court has held that the old parents whose relations with their son and daughter-in law turn sour have every right to show them the door and the daughter-in law cannot claim any right to stay in their house claiming to be having a legal right to live in the matrimonial home.
Justice S N Dhingra observed, ‘that the matrimonial home may not necessarily mean the house of the parents of the husband. In fact the parents can allow the children to live in the house as long as their relations are cordial and full of love and affection with them. Matrimonial home is not merely a dwelling unit. It is a place used by husband and wife for dwelling,’ Justice Dhingra said.
In the present case, an old couple staying in Ashok Vihar filed a suit in the Delhi High Court stating that their daughter-in-law forcibly wants to stay in their house whereas she has her own house in Rohini.
The parents of one Vikas Mittal who stay in Ashok Vihar had separated from their son. The son purchased a flat in Rohini.The daughter-in-law stated that the house in Rohini is not habitable with no cooler, fan and claimed a right to live in her parents-in-law’s house at Ashok Vihar.
The daughter-in-law Neetu Mittal referred to the protection of women from domestic violence act and claimed right to live in the Ashok Vihar house stating the ‘right to live in the Matrimonial home.’ The Court observed that the parents who are ill and suffering from various ailments have every right to live peacefully.
Since their relations with the son and daughter-in-law are not cordial there is every likelihood of breach of peace detrimental to their mental and physical health. The Court observed that due regard has been given to the parent’s rights as it is established that they cannot live together under one roof.
The Court held that once a person gains maturity, parents have no liability to sustain him. It is a different thing that out of love and affection parents can support the son but there is no legal liability on them. The Court dismissed the daughter-in-law’s claim of the right to live in the matrimonial home of the parents and held the rights of the parents above her rights.
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