This Article is From May 05, 2016

Delhi Court Restrains In-Laws From Throwing Out Woman From House

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Delhi

The court dismissed an appeal filed by the man's parents, brother and sister-in-law. (File photo)

New Delhi: A Delhi Court today ordered a man and his parents not to throw out his wife from their house as it was a shared matrimonial property and the woman was entitled to peaceful possession of a room in the house.

The court dismissed an appeal filed by the man's parents, brother and sister-in-law.

"The complainant/respondent no. 1 (woman) is entitled to peaceful possession of room in the matrimonial home and she cannot be thrown out without following due process of law," the ruling said.

"Order dated May 9, 2013 passed by metropolitan magistrate (Mahila Court) is well reasoned and does not require any interference. Hence, the appeal is dismissed," Additional Sessions Judge Rakesh Kumar-III said.

The woman's in-laws, in their appeal filed against the trial court's order, said the house was their self-acquired property and their son and daughter-in-law have no right over it.

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They claimed it was not a shared household. The woman, in her petition, had claimed that the property was purchased from the income of joint family business of her husband.

The court noted that it was an admitted fact that the woman was in possession of the room since her marriage and her in-laws have also filed a civil suit for possession against her husband.

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