Please advice.urgent

As per your concern let me inform you that 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.

You can read the entire judgement by the Apex Court of India through the link given below in order to attain more information regarding the topic:-
https://indiankanoon.org/doc/156250435/

Hope It Helps!

Regards,
Kevin M. Paul

@kevin- sure i will go through it, thanks a lot !

Even to take things negatively ,if suppose the court wants to evict the daughter-in-law then can the court evict without the trial or trial is mandatory under injunction case i.e suit for possession. Pls let me know

 

Until the divorce is granted, marriage subsists with all associated rights of shelter, maintenance of self and children, etc. Hence your father-in-law cannot evict you and your children from the matrimonial house. 

@mv gupta sir, thank you for your advice.. I don't have children, divorce case is pending, can you please give a clarity, since father in-law has filed for an injunction case, case is pending, but now suddenly in that he has filed an application under 12(6) 151 cpc , wherein he wants the court to evict me without the trial, so can the judge evict me from my matrimonial home without a proper trial under injunction case ?

Very well opined and advised by experts, I concur the same.

You can enjoy the property owned by your father in-law during subsistance of marriage. However, you will have to seek the relief in the form of injunction thorugh your counsel from the Court where your father in-law has filed the suit for possession /eviction.

As regards your further query dt. 02nd October, even if you have no children, your father-in-law cannot evict you from the matrimonial house. As regards his application under section 151 CPC, you should contest by appointing an Advocate and bring to the notice of the court that since your marriage you have been staying in the house along with your husband. You may also rely on the apex court judgement cited by Expert Shri Kevin Chandra above.

@mv gupta, sir thank you for your kind advice, but my husband left the house few years back, he is staying on rent and wants me to stay on rent all alone, I fear , judge might send me to stay on rent alone without my willingness,though I have refused to stay on rent!