Whether mother in law can be directed to reside separate from her matrimonial home in domestic violence proceeding to avoid spoiling of peaceful matrimonial life of daughters-in-law?
narrated above, it transpired that petitioner No.1 is residing with his two
married sons and respondent is staying with her father. In the light of
the observations of the Division Bench of Delhi High Court in Navneet
Arora's case (supra) if the concept of 'joint family' is taken into
consideration, daughters-in-law of petitioner No.1 are prima facie
members of the joint family. In these circumstances, attempt to solve
one problem may lead to another problem, which could spoil the
peaceful matrimonial life of daughters-in-law of petitioner No.1 as
nature of respondent is alleged to be quarrelsome. Respondent has
stated before this Court that she is ready to live in some other suitable
accommodation, however, same has not been accepted by her in the
counter-affidavit. This Court is of the opinion that while deciding such
like issues, the Court cannot lose sight of the day-to-day happenings in
the society and socio-economic conditions and prevalent customs.
In these circumstances, this Court is of the view that
respondent should be provided a suitable alternative accommodation. If
the provisions of PWDV Act are to be strictly interpreted, then this
Court would have to order that respondent should be allowed to reside
with petitioner No.1-husband as the property in question belongs to the
husband, which certainly comes within the definition of “shared
household”.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-40857 of 2012
Judgment delivered on: 21.04.2015
Avtar Singh and another
....Petitioners
Versus
Smt. Jaswinder Kaur
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Dated;April 21, 2015
Citation; 2015 ALLMR(cri) Journal 433
PARAMJEET SINGH, J.https://www.lawweb.in/2015/10/whether-mother-in-law-can-be-directed.html
