Delhi, August 20, 2025: The Delhi High Court has upheld the eviction of a widowed daughter-in-law from her late father-in-law's property while providing relief from payment of mesne profits.
A Division Bench of Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar ruled that the right of residence under the Protection of Women from Domestic Violence Act, 2005 cannot override lawful ownership proven through a valid Will and probate.
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The dispute centred around a house. Before his death in 1997, the husband (father-in-law) had executed a Will in favour of his wife (mother-in-law). In 2010, a probate court validated this Will, making the wife the rightful owner of the property. Despite this, the daughter-in-law, widow of the son, continued to assert her right of residence in the property.
The wife filed a civil suit seeking possession and eviction, arguing that the daughter-in-law’s permission to reside in the property had been revoked through a legal notice in 2011. The trial court ruled in favour of the wife, noting that the probate order established her ownership and that the daughter-in-law had not lived in the house since 2012.
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On appeal, the daughter-in-law argued that the property constituted her "shared household" and that she was entitled to residence under Section 17 of the Domestic Violence Act. She also raised issues of domestic violence and sought waiver of mesne profits, citing her vulnerable status as a widow.
The High Court analysed Section 17 and clarified the legal position:
"The right of residence acts as a shield against arbitrary dispossession, not as a sword to claim ownership," the Bench observed.
It further noted that while every woman in a domestic relationship has protection against unlawful eviction, this right is not absolute and ends when lawful eviction proceedings succeed.
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The Judges highlighted that the daughter-in-law had voluntarily left the house over a decade ago and had been living at her parental home since 2012.
"It is upon her own volition that she ceased to reside at the matrimonial home, despite her right of residence being recognised earlier," the court observed.
While upholding the decree of eviction, the Bench modified the order regarding mesne profits. Accepting the wife's concession, the judges exempted the daughter-in-law from paying occupation charges, considering her financial hardship.
In the matter of: Daughter-in-law (Appellant) vs. Mother-in-law (Respondent)
