Eviction of Daughter-in-Law from In-Laws’ Property. Relief in Just 4 Months

Background: Protecting Senior Citizens’ Right to Peaceful Living

 

Our clients, a retired government officer and his wife, aged 72 and 68 respectively, approached our firm in a state of deep distress. Their daughter-in-law had obtained an order from the Mahila Court under the Domestic Violence Act, restraining them from dispossessing her from the matrimonial home, even though the house was their self-acquired property.

 

The elderly couple was facing constant verbal abuse, intimidation, and mental cruelty, making it nearly impossible to live peacefully in their own house. They were both suffering from age-related ailments, including cardiac and orthopedic conditions, and had reached a stage of emotional and physical exhaustion.

 

This is a situation faced by many senior citizens today, when a daughter-in-law refuses to vacate the in-laws’ property, citing protection under the Domestic Violence Act, even when the property legally belongs to the in-laws.

 

Our Legal Approach: Strategic Application under Section 19(1)(f) of the DV Act

 

After carefully reviewing the case records and the previous protection order, our legal team advised filing a specific application under Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005, seeking that the daughter-in-law be shifted to a reasonable alternative accommodation instead of continuing to reside in the shared household.

 

This provision allows the court to direct the respondent to secure alternate accommodation for the aggrieved woman, balancing her shelter rights with the parents-in-law’s right to peaceful possession of their property.

 

Evidence and Documents Produced Before the Court

 

To establish the merits of the case, our team meticulously compiled and presented the following documents:

1)   Medical records of both the in-laws, proving advanced age and health issues that made cohabitation under tension unsafe and unbearable.

2)   Copies of prior complaints and counter-complaints exchanged between the parties, evidencing the long-standing domestic discord and continuous harassment.

3)   Photographs and written statements describing specific incidents of verbal abuse, threats, and misbehaviour by the daughter-in-law.

4)   Ownership documents, utility bills, and title papers clearly showing that the property was the self-acquired home of the in-laws and not the shared matrimonial property.

5)   Market evidence, screenshots from MagicBricks, 99acres, and Property.com, demonstrating the availability and affordability of rental flats nearby, substantiate that alternate accommodation for the daughter-in-law was practical and reasonable.

 

Our arguments highlighted the legal balance that while a woman’s right to residence must be respected, the law cannot be misused to harass elderly in-laws or deprive them of peaceful possession of their own property.

 

Result: Eviction Order and Alternative Accommodation Direction

 

After a series of hearings, the Mahila Court accepted our submissions. Within just four months, the Court allowed our application under Section 19(1)(f) of the DV Act and directed that the daughter-in-law be shifted to an alternate accommodation to be arranged and borne by her husband.

 

The Court observed that forcing elderly parents to live under constant mental tension amounted to cruelty and that their right to live peacefully in their self-owned property must be protected.

 

This well-reasoned order effectively resulted in the eviction of the daughter-in-law from the in-laws’ house while still ensuring her right to residence through alternate accommodation.

 

Outcome in Brief:

A.  Application under Section 19(1)(f) of the Domestic Violence Act allowed.

B.   Eviction of daughter-in-law from in-laws’ self-acquired house

C.  Court directed husband to provide alternate accommodation to daughter-in-law

D.  Reliance placed on medical and documentary evidence

E.   Order obtained in just 4 months, restoring peace and dignity to the senior citizens

 

 

Key Takeaway:

This case underscores that the Domestic Violence Act is not a license to occupy a property owned by in-laws. Courts have repeatedly held that senior citizens cannot be compelled to share their self-acquired property against their will.

Through a well-drafted and evidence-backed application under Section 19(1)(f), elderly parents-in-law can lawfully seek eviction of a daughter-in-law and request that she be shifted to a separate alternative residence at her husband’s expense.

 

If you or your parents are facing a similar issue where a daughter-in-law refuses to vacate your home despite ongoing cruelty or tension, our experienced legal team can help you secure relief under Section 19(1)(f) of the DV Act, quickly, lawfully, and compassionately.