Right of residence of a wife in shared household under DV Act (Protection of Women from Domestic Violence Act) doesn’t apply to in-laws’ property. The law itself doesn’t allow it as given in 2006 SC Batra vs. Batra judgment on shared household and also in this recent judgment of Delhi HC where woman was denied right in self-acquired property of father in law. It is not clear if the following appeal to SC has been initiated by same woman. In any case, the woman /daughter-in-law who has appealed to SC is said to be a practising advocate, so let it be the high point of her career. From here, it’s all the way down…
A review in progress in SC doesn’t mean previous precedents (or bare act) will cease to apply. But do consult your advocates, sometimes they know better.
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NEW DELHI: The Supreme Court on Friday agreed to examine the extent of a daughter-in-law’s right of residence in the father-in-law’s property.
A bench of Justices Madan B Lokur and C Naggappan posted an appeal filed by a woman challenging a decision of the Delhi high court that a daughter-in-law has no right of residence in the father-in-law’s self-acquired property as it can’t be termed a “shared household”.
It also stayed the execution of the trial court and HC’s orders asking the woman to hand over the property.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 high court had relied on SC rulings to conclude that a wife has a right of residence only in that property which is owned or tenanted by the husband or in a joint family property where the husband has a share.Appearing for the woman, senior advocate Anand Grover urged SC to re-examine the issue as there is “inconsistency” in judgments of the apex court itself leading to wrong interpretation of provisions of DV Act by the high court.
However, advocate Prabhjit Jauhar defended the HC ruling and pointed out that the estranged wife, a practising advocate, had filed cases of dowry harassment outside Delhi and even registered an FIR accusing her in-laws of molestation under IPC 354.
Taking a dim view of the woman’s action, the court said it would be better if she lives apart and lets the in-laws live in peace. Her counsel then assured the court that in future no untoward incident will occur and prayed that SC should settle the issue once and for all so that courts across the country can follow its ruling.
himani says
November 30, 2017 at 10:12 pmI am a 30 year old women, I got married on 26may 2016. My husband is doing a private job. he and his family is harrassing me for dowry. I want to live separately. there is a house which belongs to my father in law’s elder brother. the family is a joint family. can I claim in the property while filing a divorce??? please suggest me something.
videv says
December 9, 2017 at 3:19 pmYou can claim the moon!, and in fact many lawyers will be more than willing to take your money and file petitions in court of various kinds, so you can try them instead.
saimounika says
October 21, 2017 at 10:39 pmhi one women got married on 12-feb-2016 after few months of marriage husband tried to kill wife and many issues in between them mother-in-law also supports him and he husband is only one son to her he want divorce from that women but he is not ready to give compensation husband income is nill but that husband as property on his mother name gifted by women father-in-law how can she get compensation ? how to put case ?
videv says
October 26, 2017 at 11:08 pmIf husband has actually tried to kill wife, then she should be filing police complaint. Only alimony can be gotten via divorce. Property matter seems complicated, you can discuss with property lawyer.
Sahib says
May 18, 2015 at 1:13 amAny update on this?
videv says
May 20, 2015 at 10:46 pmSC delivered several months back!
http://menrightsindia.net/2015/03/supreme-court-denies-delhi-woman-claim-on-in-laws-property.html
But those who feel ‘bahu’ deserves property even if married for few days will continue to ‘feel’ that way, SC judgment or no SC judgment will not change their beliefs. They can as well lose their property to DIL, who can help them?
yoti says
May 7, 2015 at 5:03 pmMother in law take all money by husband and in property give her name nd husband goes on mother sides dont support his wife than what that wife do as all property is in moter in laws name
videv says
May 9, 2015 at 2:47 pmProperty in husband’s mother’s name. So what’s the problem? Is she is not entitled to her property being a woman?
There is lot of talk about women empowerment etc. So why can’t women start to work outside home, earn own income, create own property, and empower themselves? That must be hard work compared to threatening husbands!