Women after marriage usually reside with their spouse in their shared residence. In India, there are also instances where the bride lives in a household belonging to her in-laws, with or without her husband present. At times, the husband or in-laws may only visit occasionally. Problems generally arise when the relationship turns sour between the bride and her in-laws or the husband.
In such cases, laws exist to protect the married woman. These mainly include Section 85, 316 (1) & (2), 80 and 351 (2) & (3) of the Bhartiya Nyaya Sanhita 2023, along with the Protection of Women from Domestic Violence Act. These laws become particularly relevant when discussing the marital rights of a daughter-in-law in India.
Right of a Daughter-in-Law to Reside in a Shared Household
The contention here arises that after filing suits under above Acts. Does the daughter-in-law have the right to live in the shared household belonging to the parents-in-law, more so if the parents are senior citizens.
The laws have evolved over time to usher clarity on the topic. Formerly, it was understood that a daughter-in-law generally cannot claim the parents-in-law’s self-acquired property but only through her husband’s share.
Later, it evolved that the daughter-in-law has a right to reside in the shared household with or without her husband. This is well protected under Protection of Women from Domestic Violence Act, even if her husband has no legal interest in the property itself.
How Senior Citizens Act Affects Shared Household Rights
With the advent of Senior Citizens Laws, this thought has been contradicted. The Maintenance and Welfare of Parents and Senior Citizens Act recognizes the right of senior citizens to live peacefully in their own home. This right cannot be disregarded merely because of family disputes.
In many cases, this has resulted in eviction of the son and daughter-in-law where harassment was proven. This allows the parents to regain peaceful possession of their property.
Supreme Court and High Court View on Conflicting Laws
The Supreme Court has held that the Senior Citizen Act and the Protection of Women from Domestic Violence Act can be harmonised. It clarified that the remedies under the Senior Citizen Act, including eviction, do not take away or prevent other protections available under the Domestic Violence Act.
A daughter-in-law may seek an order for alternate accommodation on rent, and the court may direct the parents-in-law to bear that cost under the Domestic Violence Act.
Case Example
The Delhi High Court in the case of Pooja Mehta & others Vs Government of NCT Delhi & others, has elaborately dealt with the contention of the two Acts.
The noteworthy points are elucidated below:
(1) The Domestic Violence Act was enacted in 2005 and Senior Citizens Act in 2007.
(2) The Domestic Violence Act recognizes domestic violence as a human rights violation, protecting Articles 14, 15 and 21 of the Constitution. Section 17 gives a woman the right to reside in her matrimonial home or shared household, even without ownership. Section 19(1)(a) allows residence orders and other reliefs.
(3) The Senior Citizens Act provides for maintenance of parents and senior citizens and protection of Life and property of senior citizens.
(4) Both Acts have Non- obstante clauses and provision for having overriding effect.
This issue was addressed in the case of S. Vanitha (supra) by Supreme Court.
The Supreme Court clarified that both laws must work together, not against each other. Protection under the Domestic Violence Act does not vanish just because an eviction order exists under the Senior Citizens Act. A woman may seek alternate accommodation on rent, which the court may direct the in-laws to provide.
Conclusion
The legal rights of a daughter-in-law in her in-laws’ home are essential for safeguarding her safety, dignity and overall well-being. These rights help maintain balance between individual freedoms and family responsibilities.
The Domestic Violence Act offers strong protection for married women, but the real challenge lies in enforcing these provisions effectively. Greater legal awareness and sensitization of law-enforcement agencies are important steps toward genuine security. Financial empowerment of women is equally crucial to ensure real access to justice.
Read more: Domestic violence and dowry harassment remedies under Indian law.
