Legal provisions involved: Section 17 of the Protection of Women from Domestic Violence Act, 2005

Judgement by: Delhi High Court

Bench/Judge: Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar

Facts

The appellant, a daughter-in-law, lived with her husband and his elderly parents in their house. Over time, disputes arose in the family, and the parents claimed that her stay was causing them stress and affecting their health. They asked the court to evict her so they could live peacefully. The Single Judge ordered the daughter-in-law to leave but required the parents to arrange alternative accommodation for her and her children, covering rent and other expenses. The appellant appealed against this order.

Key legal provisions

Section 17 of the Protection of Women from Domestic Violence Act, 2005

Issues raised

Whether the daughter-in-law has a permanent right to live in her in-laws’ property under the PWDV Act?

Arguments of the case

The appellant argued that she had a right to continue living in the matrimonial home under the PWDV Act. The respondents (parents) argued that her continued stay was causing them harm and that her right under the Act is protective, not permanent or ownership-based.

Judgement

The Delhi High Court held that the PWDV Act gives a protective right, not an indefinite or ownership-based right. The court confirmed the eviction order while making sure the parents provide alternative accommodation for the appellant and her children at their cost. The court emphasized that the protective right cannot override the rights of senior citizens to live peacefully and that the arrangement also considered the children’s welfare.

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