The Bombay High Court has recently held, in Chandiram Anandram Hemnani v Senior Citizens Appellate Tribunal [2025:BHC-AUG:15227], that elderly parents cannot be compelled to let son & daughter-In-law stay in their house against their wishes.
The parents in this case had initially filed proceedings against the son and his wife, seeking their eviction, before a Senior Citizens Tribunal. The Tribunal had ordered the son and the daughter-in-law to get out of the house of the parents within 30 days. The daughter-in-law then challenged the order before the Senior Citizens Appellate Tribunal and pointed out that since her divorce proceedings are pending in a Family Court, she cannot be ousted from the matrimonial house. Thus, the parents approached the High Court.
The High Court says when the relation between the son and his wife become hostile, the wife cannot claim any right to stay in the house owned by her parents-in-law.
The daughter-in-law had earlier filed cases for divorce and under Domestic Violence Act against her husband. She had also filed dowry harassment case under Section 498-A case against her husband and her in-laws.
Reference
- Chandiram Anandram Hemnani v Senior Citizens Appellate Tribunal [2025:BHC-AUG:15227]
