My father in law daily Torturing me and my husband
6 months ago
How can I safe our self because daily my Father in law told to get out of his house
A.Dear Client,
In 2016, the Delhi High Court ruled that 'a son, irrespective of his marital status, has no legal right to live in his parents' house, and can reside there only at their mercy'. However, if the children are abusive, the parents have a blanket right to evict them. The Maintenance and Welfare of Parents and Senior Citizens Act has provisions to safeguard parents’– and in-laws’– right to property through giving them the choice to evict the daughter-in-law from their own property in case of family disputes. On the other hand, daughter-in-laws have a right under the Domestic Violence Act, 2005, right to reside in a ‘shared household’ or the ‘matrimonial household’ during and after domestic violence proceedings.
The Supreme Court, in S.R Batra and Anr.v. Taruna Batra (2007), had held that during or after proceedings, the wife is only entitled to claim the right to residence in a shared household which includes the house belonging to or taken on rent by the husband, or a house which belongs to a joint family of which the husband is a members subject to conditions. However, many decisions post Taruna Batra have held that daughters-in-law have the right to continue to live in their shared household irrespective of whether the property belongs to the in-laws or not, but only under the condition that the daughter-in-law has no alternate accommodation or any such accommodation made available by the husband. In Vimalben Ajitbhai Patel and Ors. Vs Vatslaben Ashokbhai Patel and Ors. (2008) narrowly interpreted the same. In the latter judgment, the Court held that if the house of the in-laws is owned exclusively by them, the house would not constitute a ‘shared household’ under Section 2(s) of the Domestic Violence Act.
Family disputes can be resolved through family courts, where the court may try to mediate and find a solution that works for all parties involved.
In 2016, the Delhi High Court ruled that 'a son, irrespective of his marital status, has no legal right to live in his parents' house, and can reside there only at their mercy'. However, if the children are abusive, the parents have a blanket right to evict them. The Maintenance and Welfare of Parents and Senior Citizens Act has provisions to safeguard parents’– and in-laws’– right to property through giving them the choice to evict the daughter-in-law from their own property in case of family disputes. On the other hand, daughter-in-laws have a right under the Domestic Violence Act, 2005, right to reside in a ‘shared household’ or the ‘matrimonial household’ during and after domestic violence proceedings.
The Supreme Court, in S.R Batra and Anr.v. Taruna Batra (2007), had held that during or after proceedings, the wife is only entitled to claim the right to residence in a shared household which includes the house belonging to or taken on rent by the husband, or a house which belongs to a joint family of which the husband is a members subject to conditions. However, many decisions post Taruna Batra have held that daughters-in-law have the right to continue to live in their shared household irrespective of whether the property belongs to the in-laws or not, but only under the condition that the daughter-in-law has no alternate accommodation or any such accommodation made available by the husband. In Vimalben Ajitbhai Patel and Ors. Vs Vatslaben Ashokbhai Patel and Ors. (2008) narrowly interpreted the same. In the latter judgment, the Court held that if the house of the in-laws is owned exclusively by them, the house would not constitute a ‘shared household’ under Section 2(s) of the Domestic Violence Act.
Family disputes can be resolved through family courts, where the court may try to mediate and find a solution that works for all parties involved.
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A.Dear Madam,
If your husband is cooperative then better to shift to any rented house otherwise file Domestic Violence case against your father-in-law alone.
If your husband is cooperative then better to shift to any rented house otherwise file Domestic Violence case against your father-in-law alone.
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A.Dear Client,
A matrimonial home or Marital home refers to the household that a woman shares with her husband, be it owned, rented, or officially provided by her husband. According to the Hindu Adoptions and Maintenance Act, a daughter-in-law has the right to reside in her matrimonial home even if she does not own it, irrespective of whether it is a joint family house, ancestral house, rented house or a self-acquired house. Protection of Women from Domestic Violence Act, 2005 ensures
protection of women from domestic violence, ensuring their safety and well-being within the household. The Act provides women, including daughters-in-law, the right to reside in the “shared household,” even if they do not own the property or have any legal title to it. The concept of ‘Shared Household’ is essential as it provides protection to women from being evicted from their homes, ensuring they have a shelter and are not rendered homeless due to marital disputes or any form of domestic violence. Every coparcener (a person who has a birthright in the property, like sons, daughters, etc., after the 2005 amendment) has an equal right in the ancestral property from their birth. However, The owner of the self-acquired property has the sole discretion to decide how the property will be distributed after his/her death. During the owner’s lifetime, no legal heir can claim any rights over the property. So, try to resolve the matter amicably through conuselling and communication failing which reach out to an Advocate for guidance and steps
A matrimonial home or Marital home refers to the household that a woman shares with her husband, be it owned, rented, or officially provided by her husband. According to the Hindu Adoptions and Maintenance Act, a daughter-in-law has the right to reside in her matrimonial home even if she does not own it, irrespective of whether it is a joint family house, ancestral house, rented house or a self-acquired house. Protection of Women from Domestic Violence Act, 2005 ensures
protection of women from domestic violence, ensuring their safety and well-being within the household. The Act provides women, including daughters-in-law, the right to reside in the “shared household,” even if they do not own the property or have any legal title to it. The concept of ‘Shared Household’ is essential as it provides protection to women from being evicted from their homes, ensuring they have a shelter and are not rendered homeless due to marital disputes or any form of domestic violence. Every coparcener (a person who has a birthright in the property, like sons, daughters, etc., after the 2005 amendment) has an equal right in the ancestral property from their birth. However, The owner of the self-acquired property has the sole discretion to decide how the property will be distributed after his/her death. During the owner’s lifetime, no legal heir can claim any rights over the property. So, try to resolve the matter amicably through conuselling and communication failing which reach out to an Advocate for guidance and steps
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