Court: “Woman Beating Mother-in-Law Is Different Matter; Cannot Restrict Her Access Into Matrimonial Home”

If you have been following Capt Rathee’s story from Haryana on our website, here is an update in the matter. (Detailed story at the end of the article).

Background:

In June this year, Capt Rathee’s 77-year-old mother and 80-year-old father were allegedly beaten up mercilessly by his wife at their home in Jhajjar. The woman had used leather belts and sticks while attacking her in-laws. Once the police arrived, they infact wrote the FIR in favour of the daughter-in-law.

However, the son and husband – Capt Rathee in this case — has been relentlessly fighting to get justice for his parents in this case. As conveyed by husband to MDO, the woman ultimately left her matrimonial home  after all the incidents listed in the interview below, and went back to reside to her parent’s home in Delhi.

However, now the daughter-in-law is insisting that the matrimonial property which is on name of her mother-in-law, be transferred in her name. The husband’s side filed a case in the district court to restrain the ‘violent’ daughter-in-law from returning back to the house, which could allegedly be a threat to the lives of the man and his parents.

However, CJ(JD) Vivek Kumar, Bahadurgarh district court has taken completely different view in favour of the woman by quoting:

Learned Counsel for plaintiff (mother-in-law) submitted that suit property is self acquired property of plaintiff and defendant (daughter-in-law) has no right over the same and accordingly, defendant be restrained from entering the suit property as there is threat of life to plaintiff. Learned Counsel for defendant submitted that defendant is daughter-in-law of plaintiff and no ad interim stay is maintainable against defendant. Arguments heard. Record perused.

As admitted during the course of arguments that Govind Rathee who is husband of the defendant and son of the plaintiff is also residing at the suit property along with plaintiff and her husband. So, this Court is of the view that suit property is marital home of defendant and at this stage there is no ground for ad interim stay in favour of plaintiff, as defendant being daughter-in-law has also right in her marital home to reside there.

As far as contention of the plaintiff is concerned that there is imminent threat of life to plaintiff, same is an altogether different matter and governed by criminal law of land. At this stage, there is no ground for ad interim stay in favour of plaintiff. Now, to come up on 19.09.2020 for filing written statement and reply to stay application by defendant.

READ DETAILED CASE BELOW –

http://voiceformenindia.com/his-story/false-498a-cases-senior-citizen/

http://voiceformenindia.com/in-the-news/domestic-violence-on-men-in-india/

 

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