'Not In Poor Financial Condition': Calcutta High Court Upholds Eviction Order Against Daughter-In-Law From Her Father-In-Law's House

The Calcutta High Court has recently upheld an eviction order wherein the daughter-in-law was directed to vacate the residence belonging to her father-in-law after noting that she is a medical practitioner and is thus not in a poor financial condition. 

Justice Rajasekhar Mantha observed, 

"The applicant, Swati Das, is admittedly a medical practitioner. She is neither destitute nor in a poor economic or financial condition, and there is no averment to that effect in the application. Apart from the questions of law raised by the applicant daughter-in-law, she has not able to make out any case for restoration with possession of her father-in-law's house."

The Court noted that the applicant had never claimed any right of residence or share of the household against the father-in-law or her husband under the provisions of the the Domestic Violence Act, 2005. It was also noted that the applicant had not asserted any domestic violence or torture perpetrated by either her father-in-law or her husband.

Thus, the Court opined that it can exercise its extraordinary jurisdiction of this court under Article 226 of the Constitution of India to protect the life and liberty of the senior citizen under Article 21 of the Constitution. 

"In respect of a discomfort expressed by a senior citizen towards his children, a single complaint is good enough evidence. Further, there are no disputed questions of fact in the instant case i.e., that the house admittedly belongs to the father of the writ petitioner", the Court underscored further. 

It was further observed that the Writ Court under Article 226 has jurisdiction to evict sons and daughters-in-law from the residence of senior citizens, if the latter is uncomfortable or inconvenienced by the presence of any of the former. The applicant and her ex-husband are at best licensees in the house of the father-in-law, it was stated further. 

Reliance was placed on the Calcutta High Court decision in Ramapada Basak v. State of West Bengal& Ors wherein it had been held that that children and their spouses living in the senior citizen's house are at best "licensees" and that the said license comes to an end once the senior citizens are not comfortable with their children and their families.

During the proceedings, the applicant daughter-in-law had sought the recall of the impugned eviction order dated December 9, 2021 on the ground that she did not receive notice of the writ petition. She had argued that a copy of the writ petition was not supplied to her and that someone else- possibly someone on behalf of the petitioner had collected the said writ petition.

 Dismissing such a contention, the Court observed, 

"The Court however, is sufficiently satisfied with the evidence forwarded by the postal authorities, as also the reasons provided in the affidavit filed. Satisfactory reasons have been provided for absence/lack of a physical pay-slip of delivery, as well as for the lack of a signature in the electronic device used by the postman, wherein, as per the postman, the lady of the house who received the package had refused to sign citing COVID conditions. It therefore cannot be said that there is no proof of delivery of the writ petition to Swati Das, the applicant."

Case Title: Debaki Nandan Maiti v. The State of West Bengal and Ors.

Case Citation: 2022 LiveLaw (Cal) 126

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