The Supreme court upheld the verdict of the Delhi High Court that the Daughter in law has no special right over a self acquired property of her in laws.
The Hon’ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law. A woman is only entitled to claim the right of residence in a shared household, which, as contemplated under Section 2(s) of the Protection of Women from Domestic Violence Act, would mean the house belonging to or taken on rent by her husband or the house which belongs to the joint family of which the husband is a member. The High Court 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.
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. 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 /she has to vacate the said property.
Case Number : Petition for Special Leave to Appeal (C) No. 23519/2014
Counsel: For Appellant: Anand Grover, Shagun Sharma, Anupam Sharma, Babli Kala and Sudhir Mendiratta, Advs. and For Respondents: Prabhjit Jauhar, A. Kaul, Aakrti and S.S. Jauhar, Advs.
Judges: Madan B. Lokur and Uday Umesh Lalit, JJ.
issue: Protection of Women from Domestic Violence Act, 2005; Hindu Marriage Act, 1955 – Section 13B; Contempt of Court Act, 1971; Indian Penal Code (IPC) – Sections 323, 324, 341, 354, 498A; Constitution of India – Article 142
Judgment date: February 27, 2015
Supreme Court of India
Delhi High Court Case Number : RFA 299/2014
Corum: HON’BLE MR. JUSTICE A.K. PATHAK
Counsel: Ms. Rajesh Banati, Ms. Shagun Sharma and Ms. Babli Kala, Advs. along with appellant in person.
Mr. Prabhjit Jauhar and Ms. Anupama Kaul, Advs. along with respondent in person.
Judgment date: July 25, 2014