A trial court has expressed concern over laws for protection of women being "blatantly abused and misused" against the in-laws. The court made the observations while granting relief of possession of property to a 70-year-old widowed woman who had accused her estranged daughter-in-law of illegally entering and staying in her house.
"The case reflects the manner in which the special laws for protection of women are being blatantly abused and misused only to silence the in-laws. Courts cannot permit such an abuse. Needless to say, courts of law would certainly and effectively step in for redressal to stop this inappropriate and illegal conduct," Additional District Judge Kamini Lau said.
Giving relief to the septuagenarian, the court ordered the daughter-in-law and her two children, who are major, to peacefully vacate the property in Shastri Nagar within six months. The plaintiff had approached court seeking "a decree of permanent injunction by restraining her daughter-in-law and two grandchildren from forcibly and illegally dispossessing her from her house."
The court allowed the old woman's plea and restrained the defendants from selling off the property. The elderly woman, in her petition, had said that due to strained relations her daughter-in-law had left the matrimonial house in 1983 and the couple was legally separated in 1984. A criminal case was lodged against the in-laws in which they were acquitted.
The aged woman said her son died in 2007 after which her daughter-in-law illegally entered her house with her children and refused to vacate it. However, the daughter-in-law said that the plaintiff was lying and claimed that her husband had not given her divorce. All his legal heirs had legal right in the property as she had also contributed in constructing the house, she claimed.
The daughter-in-law also contended that the plaintiff had not placed on record any document showing her ownership of the property.
The court, however, held that it was established that the property was in the name of the mother-in-law and on the date of filing of the case she was residing there. "It is proved that the defendants have been residing in the suit property as unauthorised occupants. Hence, and in order to safeguard the interest of the mother-in-law and a senior citizen in the property, I hereby hold that the plaintiff is entitled to relief of possession and injunction as asked for in the plaint," the court said.
"The case reflects the manner in which the special laws for protection of women are being blatantly abused and misused only to silence the in-laws. Courts cannot permit such an abuse. Needless to say, courts of law would certainly and effectively step in for redressal to stop this inappropriate and illegal conduct," Additional District Judge Kamini Lau said.
Giving relief to the septuagenarian, the court ordered the daughter-in-law and her two children, who are major, to peacefully vacate the property in Shastri Nagar within six months. The plaintiff had approached court seeking "a decree of permanent injunction by restraining her daughter-in-law and two grandchildren from forcibly and illegally dispossessing her from her house."
The court allowed the old woman's plea and restrained the defendants from selling off the property. The elderly woman, in her petition, had said that due to strained relations her daughter-in-law had left the matrimonial house in 1983 and the couple was legally separated in 1984. A criminal case was lodged against the in-laws in which they were acquitted.
The aged woman said her son died in 2007 after which her daughter-in-law illegally entered her house with her children and refused to vacate it. However, the daughter-in-law said that the plaintiff was lying and claimed that her husband had not given her divorce. All his legal heirs had legal right in the property as she had also contributed in constructing the house, she claimed.
The daughter-in-law also contended that the plaintiff had not placed on record any document showing her ownership of the property.
The court, however, held that it was established that the property was in the name of the mother-in-law and on the date of filing of the case she was residing there. "It is proved that the defendants have been residing in the suit property as unauthorised occupants. Hence, and in order to safeguard the interest of the mother-in-law and a senior citizen in the property, I hereby hold that the plaintiff is entitled to relief of possession and injunction as asked for in the plaint," the court said.
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