SARDAR SADHU SINGH Vs. NARINDER KAUR

JUDGEMENT

(1.) This petition raises an interesting question regarding the rights, if any, of an estranged daughter-in-law, to continue to occupy the premises belonging to her father-in-law, even though her husband has moved out of the said premises and is residing separately.

(2.) The respondent, one Mrs. Narender Kaur, was married to Dr. M.S. Chopra son of petitioners I and 2, on 31.1.1988. He is a Doctor employed with Delhi Administration. The respondent alongwith her husband, after the marriage resided at House No. A-2/B-180-A, MIG Flats, Paschim Vihar, New Delhi, which belonged to her father-in-law, petitioner No. I herein. The respondent, who is a Home Science Teacher was initially posted in Ambala and used to come to Delhi every week and resided in the matrimonial house. Thereafter, the respondent was transferred to Faridabad, and she used to come to Delhi daily.

(3.) It is the respondent's case that her husband at the instigation of the petitioner, left the matrimonial house and even filed a petition for divorce against the respondent. The petitioners namely father-in-law, mother-in-law, and sister-in- law of the respondent, attempted to dispossess the respondent from the matrimonial home. The respondent filed a suit for permanent injunction seeking to restrain the petitioners from dispossessing her from the premises in suit and interfering with her possession. The respondent alleged cruelty on her by the in-laws for bringing insufficient dowry and forcible attempts to dispossess her. She says petitioners occupied one room on 10.5.1994 and attempted to dispossess her.