Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014)

The Hon’ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law. A woman is only entitled to claim the right of residence in a shared household, which, as contemplated under Section 2(s) of the Protection of Women from Domestic Violence Act, would mean the house belonging to or taken on rent by her husband or the house which belongs to the joint family of which the husband is a member.The High Courtfurther held that even an adult son or daughter has no legal right to occupy the self-acquired property of the parents against their consent.Nowadays, lots of cases are being filed by daughter in laws taking undue advantage of The Protection of Women Against Domestic Violence Act and the provisions are being misused. Thus, in our opinion it is a good judgment for aged parents who are tormented by their daughter-in-laws these days, eyeing matrimonial property after separation from their husbands.

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