Daughter-In-Law vs Parents-in-Law Property Disputes Not Within Exclusive Jurisdiction Of Family Court: Delhi High Court
Can a daughter-in-law stop eviction by calling every property dispute a “shared household” issue? Delhi High Court has now made an important clarification that may impact many families facing long-running property battles.
PROPERTY DISPUTES NEW DELHI: The Delhi High Court has ruled that ownership disputes between in-laws and a daughter-in-law over a self-acquired property cannot automatically be treated as matrimonial disputes just because the parties are related through marriage.
Justice Amit Sharma observed that property ownership rights exist independently from marital relationships and such disputes can be decided by ordinary civil courts instead of Family Courts.
The matter started after a mother-in-law filed a suit seeking mandatory and permanent injunction against her son and daughter-in-law regarding a property which she claimed was her self-acquired property. She told the court that the couple were only licensees staying on the second floor of the house and sought directions for them to vacate the premises.
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The daughter-in-law challenged the maintainability of the case before the civil court. She argued that since the dispute arose from a matrimonial relationship, the matter should be heard only by the Family Court under Sections 7 and 8 of the Family Courts Act, 1984.
She also claimed that the property was her “shared household” under the Protection of Women from Domestic Violence Act.
However, the High Court rejected this argument and relied upon the earlier Division Bench judgment in Geeta Anand v. Tanya Arjun. The Court clarified that the real test is whether the dispute directly arises from the marital relationship itself.
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“The right of respondent №1 (mother-in-law) to seek mandatory and permanent injunction cannot be stated to be ‘circumstances arising out of a marital relationship’… It is, in fact, her proprietary rights over the subject property,” the Court observed.
The Court further clarified that the mother-in-law was asserting her ownership rights and not seeking relief because of matrimonial discord.
“Her right to seek such reliefs, as noted hereinbefore, arises out of her claim of ownership over the subject property, and exists independent of ‘circumstances arising out of a marital relationship’,” it observed.
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The High Court finally upheld the trial court’s order dismissing the daughter-in-law’s application under Order VII Rule 11 CPC and refused to transfer the case to the Family Court.
The judgment is likely to become important in several ongoing disputes where elderly parents and in-laws claim that self-acquired properties are being dragged into prolonged matrimonial litigation despite ownership documents being in their favour.
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The ruling also reinforces that merely using terms like “shared household” cannot automatically convert every ownership dispute into a family court matter when independent proprietary rights are involved.
Explanatory Table Of Laws & Sections Mentioned In The Case
Case Details
Key Takeaways
Delhi High Court clearly held that self-acquired property disputes between in-laws and daughter-in-law are not automatically matrimonial disputes.
The Court clarified that ownership rights exist independently from marriage and must be decided by ordinary civil courts.
Simply calling a house a “shared household” does not automatically block the true owner from seeking legal remedies.
The judgment protects elderly parents and families from being forced into prolonged Family Court litigation over properties legally owned by them.
The Court stressed that the real test is the “cause of action” — if the dispute is about ownership and possession, civil courts will continue to have jurisdiction.
Click Here to Download Judgment — A J @ L v. K S & Anr. 2026_DHC_ 4527
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