If husband already leaves the house and files a divorce case, and if wife continues to reside in the house, then can a father in-law evict his daughter in-law under injunction case without a trial ?
If husband already leaves the house and files a divorce case, and if wife continues to reside in the house, then can a father in-law evict his daughter in-law under injunction case without a trial ?
Kevin Moses Paul 01 October 2021
M V Gupta (Advocate) 02 October 2021
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 ?
Dr J C Vashista (Advocate) 03 October 2021
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.
M V Gupta (Advocate) 03 October 2021
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.