IMPORTANT POINT
Shared Household – Concept of ‘shared household’ clearly provides that right of daughter-in-law in shared household is not indefeasible right and cannot be to exclusion of in-laws.

JUDGMENT (ORAL)

Prathiba M. Singh, J.—This hearing has been done through hybrid mode.

CM APPL. 27186/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 6986/2023 & CM APPL. 27185/2023 (for stay)

3. This is a matrimonial dispute between Ms. Ritu Chernalia and her in-laws and husband.

4. The present petition has been filed by the Petitioner - Ritu Chernalia challenging the impugned order dated 31st March, 2023 passed by the ld. Divisional Commissioner, GNCTD (hereinafter, ‘DC’).

5. Respondent No.1 and 2 are the Petitioner’s in-laws who are both senior citizens. Respondent No.3 is the husband of the Petitioner. Respondent No.1 and 2 preferred an eviction petition before the District Magistrate (South East), GNCTD (hereinafter, ‘DM’) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The said petition was decided by the DM vide order dated 22nd September 2022 by which the DM directed eviction of the Petitioner from the property bearing no. C-30, South Extension I, New Delhi - 110049 (hereinafter, ‘Suit Property’). The suit property is a 3 BHK floor in South Extension, New Delhi. The relevant extract of the said order is set out below:—

“10. In view of the above observations, I, Isha Khosla, District Magistrate, District South East, through the powers conferred upon me vide ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ and ‘The Delhi Maintenance of Parents And Senior Citizens Rules (Amended) Rules, 2016’, on considering the facts and appreciating the evidence brought on records, pass the following orders:

(1) That the Respondent Smt. Ritu Chernalia shall vacate the entire premises of the subject property bearing House No. C- 30, South Extension- 1, New Delhi- 110049 and handover the vacant peaceful possession of the subject property to the Complainants Sh. Amar Chernalia and Smt. Sunita Chernalia within 30 days of the receipt of this Order.

(ii) That the Deputy Commissioner of Police, South-East District is directed to ensure enforcement/compliance of the directions mentioned above, as per provisions under the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, 3(3)(ii) and also ensure that the life and property of the Complainants is secured and no harassment is caused to them by the Respondent.

(i) Beat Staff be further deputed for regular visits to the Senior Citizens Sh. Amar Chernalia and Smt. Sunita Chernalia in order to safeguard the life and property of the said Senior Citizens. Compliance report of eviction of the Respondent. Smt. Ritu Chernalia be sent to this Court within 35 days as per the provisions under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, referred above.

11. Given under the hand and seal of this Court par 9th day of September 2022.

12. Ordered accordingly.

13. File be consigned to record room.”

6. The said order was appealed by the Petitioner which was allowed by the DC. Vide the impugned order dated 31st March 2023 the eviction was set aside, however, the DC permitted the Respondent No. 1 and 2 to live in the suit property along with the Petitioner. The operative portion of the said impugned order reads as under:—

“7. This appellate authority has carefully perused the records and considered the detailed argument made both the sides during the hearing. It appears that the respondents and their son have grudge against the appellant as they were, at the time of marriage between their son and the appellant, not informed of the fact that the appellant suffers from epilepsy. It also appears that appellant has temperamental streak in her personality. She has herself admitted that she took high dose of pills and became unconscious but she has explained that this was precipitated due to uncaring and tortuous behaviour of the respondents and her son towards her. There seems to be substance in this. The person suffering epilepsy and facing mental t