The bench of Justice Yogesh Khanna made the observation while dealing with an appeal that challenged a judgment passed by the civil court.

In this case, the respondent (husband) claimed to be the sole owner of the suit property and had originally filed an eviction suit against their daughter in law who is the appellant in the case.

The civil court passed a decree of possession with damages against the appellant and also restrained her from creating third-party interests.

In her appeal before the High Court, the wife stated that she resides in a single room with her minor daughters and that the property in question was purchased from Joint Hindu Family Funds.

However, the court remarked that the appellant has not submitted any documents to show that the property was purchased from joint Hindu Family Funds, and it’s clear that the father in law had self-acquired the property.

After taking note of the advanced age of the mother and father-in-law, the court opined that they are entitled to live peacefully in the evening of their lives and should not suffer due to the matrimonial discord between their son and his wife.
However, the court directed that the execution of the eviction order is stayed for two weeks so that the appellant can find new accommodation.

Case No.: RFA 832 of 2018