The Delhi High Court in its judgment dated May 22, 2025 ruled that while a daughter-in-law has right to shared matrimonial household, the in-laws cannot be excluded from the same.
Justice Prathiba M Singh of the Delhi High Court said,
Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of the in-laws.
READ ORDER | Daughter-in-Law To Be Evicted From Matrimonial Home As Senior Citizen In-Laws Entitled To Live Peacefully & Not Be Haunted By Son’s Marital Discord
Case:
This is a matrimonial dispute between petitioner Ritu Chernalia and respondents – Amar Chernalia (father-in-law) & others (mother-in-law) and the husband. The suit property is a 3BHK floor in South Extension, New Delhi.
The in-laws preferred an eviction petition before the District Magistrate (South East) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The said petition was decided by the DM vide order dated September 22, 2022 by which the DM directed eviction of the petitioner from the property.
The present petition was filed by the daughter-in-law challenging the impugned order dated March 31, 2023 passed by the Divisional Commissioner that allowed her appeal and set aside her eviction. However, in the same order, her in-laws were also permitted to live in the property along with the daughter-in-law.
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Submissions by Daughter-in-Law
Learned Counsel for the Petitioner submits that she is satisfied with the setting aside of the order of eviction. However, the Petitioner has a minor son, aged 9-years with whom she lives in the suit property. Since she does not enjoy good relations with her in-laws, she does not wish that her in-laws live in the same property with her.
Arguments by In-laws
On behalf of the Respondents, it is submitted that four options of alternate properties were suggested to the Petitioner, however, none of which has been accepted by her.
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Delhi High Court
At the outset, the Delhi High Court remarked that a daughter-in-law, while claiming rights to live in her matrimonial home or shared household, cannot contest that her in-laws be asked to leave the household. Justice Prathiba M Singh said:
If circumstances exist which demonstrate that they cannot live together, alternate accommodation may also have to be explored for the daughter-in-law.
Adding further, Justice Singh said that the stand of the daughter in law that the in-laws should not be allowed to live in their own property was “completely contrary to the settled understanding on the subject.”
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Division of Rooms in the Property:
The Delhi High Court ruled that the in-laws have a right to stay in the suit property, which obviously cannot be questioned because the property belongs to them. The daughter-in-law is currently in occupation of the entire property consisting of one floor and not willing to consider shifting to any alternate premises, though the same is offered by her in-laws. The Delhi High Court thus ordered how the property will be used henceforth between all warring parties:
- Daughter in law and her son to occupy one bedroom in the property
- In-laws to occupy one bedroom
- The grandson shall be permitted to use the third bedroom for his studies, tuitions, etc., However, the said room shall be accessible to all the parties
- The common areas such as the kitchen, the drawing and the dining room and staircase, etc., shall be used by all the occupants.
- The Respondent Nos.1 and 2 are permitted to put up CCTV cameras and the recordings of the same shall be accessible to the Petitioner
- The locks to the suit property shall be changed and the Petitioner and the Respondent No.1 and 2 shall have duplicate keys of the rooms
The Delhi High Court concluded the matter instructing the parties to live in the same household peacefully.
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READ ORDER | Daughter-in-Law Cannot Demand Eviction Of In-laws From Property While Claiming Her Right To Shared Matrimonial Household: Delhi HC
— Voice For Men India (@voiceformenind) May 29, 2023
▪️Property belongs to in-laws
▪️DIL stopped her own eviction, demanded in-laws be thrown out#VoiceForMenhttps://t.co/QRbG5IvLCS
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