X v. Y, 2025
The Bench emphasized that the Supreme Court has consistently interpreted the right under Section 17 as non-proprietary—a protective right ensuring residence but not creating a title or permanent licence.
Judgement Details
Court
Delhi High Court
Date of Decision
9 December 2025
Judges
Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar
Citation
Acts / Provisions
Facts of the Case
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The wife (appellant) was residing in the premises owned by her in-laws.
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The in-laws argued that her continued residence was causing demonstrable harm to their health and peaceful living.
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A Single Judge had earlier directed the daughter-in-law to vacate the premises within two months, while providing for:
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Alternate accommodation
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Monthly maintenance by the husband
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The wife appealed against this order before the Division Bench, challenging the directive to vacate.
Issues
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Whether a woman’s right to reside in the shared household under Section 17 of the PWDV Act amounts to a right of ownership or an indefinite licence to occupy premises of the in-laws?
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Whether the right under Section 17 can override or curtail the rights of senior citizen parents to peaceful possession and enjoyment of their own property?
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Whether the Single Judge was justified in directing the daughter-in-law to vacate while providing alternate accommodation and maintenance?
Judgement
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The Delhi High Court dismissed the wife’s appeal, upholding the Single Judge’s order.
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The Court reaffirmed that the right to shared household under Section 17 is a right of protection, not a proprietary or perpetual residence right.
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The Court held that such right must be balanced with the rights of senior citizens to live with dignity and peace.
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The Court upheld the interim arrangement of alternate accommodation and financial support as fair, proportionate, and protective of all parties.
Held
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A woman cannot claim an unrestricted or indefinite right to occupy property owned by her in-laws under Section 17 of the PWDV Act.
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When continued residence causes hardship or aggravates medical conditions of senior citizens, courts may direct the daughter-in-law to move out, provided adequate alternate arrangements are made.
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The Single Judge’s arrangement struck the correct balance between the rights of the woman and her children and the rights of the elderly in-laws.
Analysis
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The Bench emphasized that the Supreme Court has consistently interpreted the right under Section 17 as non-proprietary—a protective right ensuring residence but not creating a title or permanent licence.
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Relying on Manju Arora v. Neelam Arora & Anr., the Court reiterated that the daughter-in-law’s residence rights cannot override the health, dignity, and peaceful enjoyment rights of senior citizens.
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The Court found uncontroverted evidence that the daughter-in-law’s continued presence was harming the in-laws’ health.
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The judgment underscores a balancing approach:
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The woman’s rights should be protected through alternate accommodation and maintenance,
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While preventing undue burden or distress to elderly parents-in-law.
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Importantly, the Court clarified that the wife was not being rendered homeless, which is a key consideration under the PWDV Act.
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The ruling reinforces that the law does not compel senior citizens to endure a corrosive domestic environment, particularly where dignified alternatives are arranged.