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Judiciary Update

YoungBites. Dated: 5/8/2017 2:25:03 PM


By: JAY KAY Law Reporter (Pvt. Ltd.)

Daughter-in-law - child or
relative? Plea in Delhi HC
New Delhi, May 7
The Delhi High Court will consider whether a daughter-in-law falls in the category of "children" or "relatives" if she were to be evicted from her matrimonial home on a complaint made under the law for welfare of parents.
The issue assumes importance as the high court had recently held that parents could evict an abusive adult child from their home even if they did not own the property.Based on the ruling, a tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 had ordered the eviction of a woman from her matrimonial home on her mother-in-law's plea.The order was challenged by the woman in the high court earlier this week. It came up for hearing before Justice Sanjeev Sachdeva, who put on hold the tribunal's February 4 decision till the next date of hearing on the issue on July 31. The court also issued a notice to the woman's husband and mother-in-law, seeking their replies to the plea which contended that a daughter-in-law was not covered in the definitions of 'children' and 'relatives' under the Senior Citizens Act. The woman in her petition alleged that her husband and mother-in-law were trying to evict her to counter a case that she had lodged against them under the Domestic Violence Act.

 

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