The Court ruled that while the daughter-in-law has a right to residence under the PWDV Act, the toxic living condition justifies her eviction to protect the wellbeing of elderly plaintiffs.

JUDGMENT :

MANMEET PRITAM SINGH ARORA, J.

I.A. 44779 of 2024 (Under Order XII Rule 6 CPC)

1. This is an application filed by the Plaintiffs under Order XII Rule 6 Code of Civil Procedure, 1908 (‘CPC’) seeking judgement on admissions qua the relief of eviction.

2. The suit has been filed by the Plaintiffs, who are the mother-in-law and father-in-law, against the Defendant, who is the daughter-in-law, seeking mandatory injunction directing the Defendant to vacate the property bearing GB 25, Shivaji Enclave, Tagore Garden, New Delhi-110027 (‘suit property’).

3. The present suit was earlier filed before the Ld. Judge, Family Courts, Tis Hazari Courts, Delhi on the ground that the subject matter of the present suit is a family dispute. However, vide order dated 14.09.2023 in T.P. (C) 132 of 2023, passed by the coordinate Bench of this Court, the suit was transferred from Family Court, Tis Hazari Courts to this Court, and therefore, maintainability of this suit is no longer in dispute.

4. Plaintiffs are a senior citizen couple aged about 73 and 76 years respectively and are seeking eviction against the Defendant from the suit property, asserting their ownership on the suit property through a perpetual lease deed executed in favour of the Plaintiff No. 2 [Annexed as document ‘Annexure P-1’ filed along with the plaint]. Plaintiffs accuse the Defendant of subjecting them to extreme harassment and cruelty. It is stated that the Plaintiffs find themselves living under constant threat due to the Defendant’s violent and intimidating behaviour.

Brief facts as stated in the plaint

5. Brief facts stated in the plaint are as under:

5.1 It is averred that Plaintiffs, have faced relentless mental and physical abuse since their son, Sachin Arora, married the Defendant on 04.12.1998. It is stated in the plaint that the Plaintiffs and Defendant have stayed together in the suit property since 1998 and are till date residing together in the suit property.

5.2 The Defendant quickly after the marriage began to exhibit abusive behaviour, subjecting the Plaintiffs to extreme mental cruelty, intimidation, and financial exploitation, knowing they were in poor health. On 15.07.2000, the Defendant gave birth to her daughter, however, it is stated that the Defendant neglected her responsibilities as a mother, causing the Plaintiffs to care for the infant frequently, taking on more household duties.

5.3 It is averred that, over the years, the Defendant’s aggression escalated, involving verbal insults, threats of violence, and physical attacks, which included severe incidents like pushing, shoving, and even assault with objects. She often demanded money from the Plaintiffs and showed no regard for their well-being, neglecting household responsibilities while coercing them into compliance with her demands.

5.4 It is averred that the Defendant throughout the marriage has been extremely extortionist towards the Plaintiffs. Initially, Plaintiff No. 2 tried to fulfil all the monetary demands put forth by the Defendant but subsequently the demands increased in an aggravated manner; and when the Plaintiff No. 2 denied fulfilling these aggravated demands, the Defendant started showing her annoyance and aggression like a maniac. It is also stated that, the Defendant’s family members started crashing at the house of the Plaintiffs every now and then, to criminally intimidate them to fulfil their demands.

5.5 After lot of such instances, the first police complaint was filed by Plaintiff No. 1 before the SHO, P.S. Rajouri Garden on 03.10.2020. The Defendant allegedly attempted to murder