Court rules widow with minor child can stay in matrimonial home, restrains in-laws from eviction
In an order dated July 19, court of Judicial Magistrate First Class Sonika recognised the property as the woman's shared household and ruled that she is free to reside there with her minor child. The woman had approached the court seeking protection and relief after being allegedly mistreated and thrown out by her in-laws. The couple had married in 2011, and her husband passed away in 2015.
After her husband's death, the woman alleged that her in-laws treated her cruelly, neglected her care, and forcibly evicted her and her child from the home.
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Advocate Manish Bhadauria, representing the woman, told the court that the in-laws had physically assaulted her in June 2018 and subjected her to verbal and physical abuse in July 2018. The acts of cruelty, he contended, were motivated by a desire to deprive her and her child of their share in the family property. In Aug 2018, she was allegedly thrown out of the shared household.
The in-laws denied all allegations, asserting that the petition and accompanying application were based on false and frivolous claims.
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They contended that no acts of cruelty were ever committed, and that the woman failed to provide specific dates or incidents of alleged harassment. The in-laws alleged that the woman, even during her husband's lifetime, often withdrew from his company without justification.
Despite these denials, the court emphasised that the woman has the right to seek maintenance from her in-laws and noted that the property in question — House No.
A-324, Village Gamri, Adhura Mandir, Shastri Park Extension, Delhi-110053 — was clearly established as the shared and matrimonial household. The respondents did not dispute this fact in their submissions.
"As far as the relief sought by the petitioner regarding residence is concerned, as per the petition as well as the Domestic Incident Report (DIR), the property ... is the shared household and the matrimonial house of the petitioner," the judge said, adding that she and her minor child have the right to reside there, restraining the respondents from eviction without due process.
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