Kishan Dutt
HOW TO RESTRAIN DAUGHTER-IN-LAW FROM ENTERING THE RESIDENTIAL HOUSE OWNED BY HER PARENT-IN-LAW

HOW TO RESTRAIN DAUGHTER-IN-LAW FROM ENTERING THE RESIDENTIAL HOUSE OWNED BY HER PARENT-IN-LAW

-Kishan Dutt Kalaskar

INTRODUCTION: -In India, issues such as Family disputes, particularly those which involves property, residence, can be challenging and psychologically a tedious situation. One such issue is the right of a daughter-in-law to reside in the house owned by her parents-in-law. This blog aims to provide a legal prospective on how parents-in-law can restrain their daughter-in-law from entering their residential property, focusing on relevant practical steps to follow. 

 

GROUND: -There are some grounds where the parents-in-law can use for protection for their well-being, which are-

·        They can seek remedy if they are getting to abandon by their children from their very own property.

·        They can seek eviction against the daughter-in-law if they are victim of threat by daughter-in-law.

·          They can seek remedy if they are the victim of harassment, psychological distress.

·        If they are the prey of any physical attacks etc.

·        Also if the husband does not have any legal right over parents’ self-acquired property they can seek remedy for eviction.

·        The parents can always forsake such a son and daughter-in-law and tell them to leave their house and lead their own life in peace.

 

PROVISION: - There are some Act or necessary legal inputs, which can provide some protection for these elderly citizens, these are-

1.     The maintenance and Welfare of Parents and Senior citizen Act, 2007 if the presence of daughter-in-law threatens their safety or well-being.

2.     The Protection of Women from Domestic Violence Act, 2005 under this the section 2(q) which is a gender neutral provision under which mother-in-law can file case against daughter-in-law for domestic violence.

3.     Also there are important constitutional articles such as, article 21, article 14 etc. This are some which can help those elderly people who are getting deprived from their healthy life.

 

CASE LAW: - There are many case laws which provides out of the box concept where the parents can get providence through legal parameter such as, S.R. Batra v. Taruna Batra (2007), in this case the Supreme Court ruled that a daughter-in-law does not have the right to live in her in-laws’ self-acquired property if her husband does not have a legal right to it. Also, same thing we can observe through in the case of Smt. Usha Luthra v. Smt. Shweta Luthra (2022).

 

CONCLUSION: - By the navigation through this blog the comprehensive knowledge about the probable situation for restrain of daughter-in-law and the legal landscape to facilitate the parents at the time where they are vulnerable or need probable protection or well-being protection and to protect the natural justice for all regardless of gender and position.

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