23/03/2021 Right Of Residence Of Daughter-In-Law In Wake Of The New Judgment By The Supreme Court

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COLUMNS

Right Of Residence Of Daughter-In-Law In Wake

Of The New Judgment By The Supreme Court
Sonam Singh 23 March 2021 8:19 AM

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Pitaji(father), Mataji(mother), Bahu(daughter-in-law) and Beta(son) were all living

together happily, after the marriage of Bahu and Beta. Their house let's call it, Swarg,

where they all stayed, was owned by Pitaji. Mataji and Bahu used to cook together in the

common Rasoi(kitchen). After a few years, differences arose between Beta and Bahu.

Now, Pitaji wanted Bahu to leave Swarg. The question that arises is whether Bahu can be

asked to leave Swarg, since the property exclusively belongs to Pitaji?

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EARLIER POSITION OF LAW

As per the Domestic Violence Act(DV Act) a woman has a right of accommodation in

the'shared household'. What is a 'shared household' has been a cause of huge legal

controversy. Is it only when the property belongs exclusively to husband or one in which

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he has a share or even those properties which belong to in-laws but where the lady has

stayed would also qualify as 'shared household' and a right to residence can be sustained

in that property? This has been a vexed question.

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Mapping the precedent to the present case, as per the judgment of S.R. Batra v. Taruna

Batra 2007 3 SCC 169, 'Swarg' could never be characterised as Bahu's 'shared
household', in case Pitaji or Mataji were the exclusive owners of the property. Meaning

thereby, in any suit for possession/mandatory injunction led before a civil court by Pitaji

or Mataji on the basis of title, Bahu can be asked to leave for want of a legal title.

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The only exception carved-out, when Bahu could seek residence, was when Swarg was a

joint family property and Beta lived as a member or had a share in it. This led to a lot of

concern and justi ably so. Batra was largely perceived as a bit too harsh. There were also

questions of the court having read an ambiguity where there was none and unduly

narrowed the scope of a protective legislation.

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DELHI HIGH COURT LAID THE PATH WITH ITS PROGRESSIVE JUDGMENTS

It is interesting to note that the Del HC in its judgments of Eveneet Singh v. Prashant

Chaudhri & Ors.2010 SCC Online Del 4507, Preeti Satija v. Raj Kumari and Anr. 2014
SCC Online Del 188 and Navneet Arora Vs. Surender Kaur and Ors. 2014 SCC Online Del
7617 , which were delivered much before Ahuja and after Batra with its progressive views

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held that the residential right of the daughter-in-law is not "dependent on title but mere

factum of residence".

Although, in Satija and Arora, the Del HC did not provide any relief as such and matters

were sent back for fresh adjudication to the original courts. The only exception was of

Eveneet Singh but in that as well, the Delhi High Court denied the right of the daughter-in-
law to reside in the "shared household" on the ground that the existing illness of the

mother-in-law could get aggravated because of their acrimonious relationship. It directed

the husband to provide an alternate accommodation or rent in lieu of it within 10 weeks

and till that time, the daughter-in-law was permitted to reside in the shared household.

The latest case in these series is of Vinay Verma v. Kanika Pasricha & Anr. 2019 SCC

Online Del, 11530 wherein the Delhi High court has laid down certain guidelines in order

to determine as to who should bear the obligation of providing accommodation to Bahu,

whether it is Pitaji/Mataji or Beta. Nevertheless, the court did not provide Bahu a right of

residence in the shared household, if Pitaji is proved to be the owner.

COURSE CORRECTION

After the pronouncement of the judgment by the apex court in Satish Chander Ahuja v.

Sneha Ahuja 2020SCC Online SC 841,now the daughter-in-law has the right of residence
in her matrimonial home, irrespective of the fact whether her husband has any ownership

right or share in it.

It held that the judgment of Batra did not lay down the correct law. It stated that the

de nition of "shared household" provided under Section 2 (s) of DV Act cannot be

interpreted to mean only that household which is a joint family property or a property in

which husband of the aggrieved has a share.

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The court in Ahuja went back to the basics. It appreciated that under Section 2(s) of DV

Act, the "shared household" was always de ned as a house where Bahu had lived

uninterruptedly, irrespective of who the owner was. It also included properties which were

taken on rent by any of the family members with whom Bahu was residing. The only

criterion is that they all should have stayed together in a domestic relationship for a long

period. This is in tune with India's reality, where Beta and Bahu, reside with Pitaji and

Mataji, after marriage in a common household. The initial intent of the law was

somewhat defeated by the reading in Batra.

Having said that, questions remain as to the exact contours and limits on this right. For

instance, if the property does belong to Pitaji, how long can Bahu stay in it? Forever? How

will the decree in favour of Pitaji be executed? What would be Bahu's right qua

strangers/third persons? Also, who would determine these questions? DV Court or Civil

Court?

IF PITAJI IS THE OWNER, FOR HOW LONG CAN BAHU RESIDE IN THE "SHARED
HOUSEHOLD"?

After Ahuja, in a suit for possession/mandatory injunction, if Pitaji was successful in

proving himself to be the owner of the shared household, Bahu will be able to reside in

the property, up until Beta provides for an alternative accommodation (of the same level)

or rent in lieu of it[1].

HOW WILL THE DECREE IN FAVOUR OF PITAJI BE EXECUTED?

The next question which arises is as to how the decree in favour of Pitaji be executed.

Earlier, as per Batra, the civil courts were simply issuing warrants of possession, once

Pitaji proved to be the exclusive owner of the shared household. The civil court did not

decide on the right of residence of Bahu.

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Now, applying Ahuja, the civil court will have to decree the suit for eviction, in favour of

Pitaji contingent on the fact that Beta will provide an alternate accommodation or rent in

lieu of it. However, there is no clarity as to what will happen if the husband commits

default in payment of rent, let's assume, after 6 months? Will the possession of Bahu be

restored in the shared household? For how long will the order of residence u/s 12 DV Act

continue, considering the order was considered in transient in nature? These questions

have remained unanswered.

ISSUE OF RIGHT OF RESIDENCE TO BE CONSIDERED BY THE CIVIL COURT?

The apex court in Ahuja held that in a suit for possession/mandatory injunction by Pitaji,

the civil court has to decide on the right of residence of Bahu. It cannot turn a blind eye to

Bahu's residential right and simply award possession in favour of Pitaji, who is the

exclusive owner of the property. The civil court has to ensure that the issue of Bahu's

residence is delved into in order to harmonize the civil rights with the ones provided

under DV Act.

Further, it is often seen that while the case led by Pitaji is pending before the civil court,

Bahu relies on DV Act before the criminal courts.

In those criminal proceedings, the most sought-after relief is that of interim relief of

residence in the shared household. In view of Ahuja, if Bahu is successful in availing an

interim relief that she cannot be dispossessed from Swarg, then the civil court will have

to be mindful of it because otherwise the relief granted would be purposeless. Hence,

keeping in mind the interim relief granted by the special court, the civil court can balance

the rights of the parents to enjoy their own property and also protect the hapless woman.

DOES AHUJA PROVIDE A COMPLETE PANACEA?

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Whether the judgment of Ahuja provides a complete panacea, for all problems relating to

women's right of residence? The answer is yes and no.

Yes, to the extent that it solves the problem of Bahu, as she will not be rendered

homeless, till the time her husband provides for an alternate accommodation or pays her

rent in lieu of it.

No, because it only gives a limited time frame for providing residence or rent. Pitaji has

the right to enjoy his property and generate income from it. Ultimately, Bahu has to move

out of Pitaji's self-owned property.

BALANCE BETWEEN THE RIGHTS OF DAUGHTER-IN-LAW AND OF PARENTS

So, what is the way forward? The answer is a balance of the rights of the parties. As per

Section 17 of DV Act, a woman has a right of residence in a shared household and cannot

be evicted except in accordance with "procedure established by law".

The intention of DV Act was always to protect the marginalized women, who have no

voice of their own. One of the important objects is to ensure that such women are not

rendered homeless. However, in view of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007, (in short "PSC" Act") the rights of the senior citizens, who

deserve a peaceful life in their own property also have to be protected. They can ask Beta

and Bahu to leave from their own self-owned property, which they earned from their own

sweat and blood!

The Delhi High Court in Vinay Verma recognized that both DV Act and PSC Act are

special statutes and govern the overlapping nature of relationships. It had acknowledged

that there has to be a balance between the daughter-in-law's right of residence and the

parent's right to enjoy their own property and generate income from it.

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The SC also recognized in Ahuja that the right of residence of the aggrieved is not

indefeasible and while granting relief under Section 12 DV Act or in any civil proceedings,

the civil court has to balance the rights of the parties.

CONCLUSION

Although Ahuja is a welcome step in protection of the rights of women, but there are

certain unanswered questions with respect to how the nal outcome will be executed.

Question of what will happen in case of default of payment of rent by Beta? Whether

Bahu's possession in shared household be restored in case of failure of payment by

Beta? Question of duration of order of residence u/s 12 DV Act? Hopefully, those

questions will be answered soon.

Views are personal

The Author is a Metropolitan Magistrate cum Civil Judge, Delhi Judicial Services

[1] Section 19 (1) (f) of DV Act

TAGS SUPREME COURT  DOMESTIC VIOLENCE ACT(DV ACT)  RIGHT OF RESIDENCE 

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