One of my close relative aged 52 years is staying in her father-in-laws house for last 28 years. Her in-law's do not have good relations with her. They stay in a separate bunglow and my relative with her 2 children stay in this house. My relative takes care of all the expense for the house and two children including utility bills etc. Now the in-law's of my relative have put a case against my relative saying to vacate the house with other allegation such as mental torture,physical abuse, non providence of food etc. Relating to this my question are as below. 1> Can my relative's in law throw her out of house. If not so then under which law she can fight the case. 2> Which all charges can be filled by her against her in-laws to counter this allegation. Note:- My relative's husband is also not on her side.
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1. of the house does not belong to her or her husband then she has no right of residence to stay theiren.
2. Since her in laws are only asking to get their own house vacated no case can be filed against them. she can only take a plea of lack of alternative residence to prolong her stay therein but no false case can be filed against them.
3. Your relative can though file case for maintenance and provision of proper residence by filing case under PWDV Act against her husband.
daughter in law has no right to stay in in laws house
2) she can seek alternative accommodation from her husband
3) she can seek maintenance from her husband for herself and children
She can reside in the same residence if that is her matrimonial home, or else her husband has to provide her an alternate residence with all amenities.
She can file domestic violence case seeking protection, residential rights, maintenance and compensation for their cruel acts
1. You are deficient in providing details for answering your query properly. Is your said relative an widow or divorcee? Is her husband staying with her? Is she employed or being maintained by her husband? If her husband is staying with her in the same house, she has the right to stay at the place where her husband is staying and she can not be thrown out of the house legally where her husband is staying. If she has been divorced, she can be asked to vacate her in laws house. In any case such eviction suit to be filed by her in laws will take years to be disposed off she can put several grounds as her right to stay there as per her status in the matter as asked above.
2. If she is still not divorced yet, she can file DV case against her in laws.
