Protection of Women from Domestic Violence Act, 2005
Section 19—Right to residence—Is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law and mother-in-law.
[Para 25]
Possession
Relief of possession—Father-in-law filed a suit for eviction against daughter-in-law—Right to residence claimed by daughter-in-law under the Protection of Women from Domestic Violence Act—Decree of possession awarded to the respondent (father-in-law)—Appeal—Where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against his daughter-in-law—A strained frictional relationship between the parties would be relevant to decide whether the grounds of eviction exist—Since there exist a frictional relationship between the parties, then at the fag end of their lives it would not be advisable for old parents to stay with appellant (daughter-in-law) and hence it would be appropriate if an alternative accommodation is provided to the appellant as is directed in the impugned order per Section 19(1)(f) of the Domestic Violence Act—Appeal dismissed. [Protection of Women from Domestic Violence Act, 2005, Section 19(1)(f)]
[Para 27]