Observing that a daughter-in-law’s right to live in her matrimonial home must be balanced with the rights of elderly parents to reside in their own property, the Calcutta High Court directed the police to ensure the peaceful entry of a widowed, retired schoolteacher into her house, where her daughter-in-law was living. The dispute arose after the woman alleged that her daughter-in-law had forced her, her late husband and their son to leave the house in March 2023 and later threatened her. She later started residing in a flat where the daughter-in-law allegedly came in December 2023 and threatened her, asking for keys to her portion of the flat. Justice Anuj Singh was hearing a plea filed by the woman, who sought police assistance to ensure that she could return to her own house. The court noted that matrimonial proceedings between her son and daughter-in-law were pending before other courts.“While the respondent number 5 (daughter-in-law) has a right to live in her matrimonial home, irrespective of the fact whether the same is owned by her or not, at the same time, the rights of senior citizens parents to live in their owned and acquired residential house cannot be defeated,” the court said on October 9. Matrimonial home in dispute The woman told the court that she was a senior citizen, a retired schoolteacher and a widow. She approached the high court alleging that the police had failed to act on her complaints of harassment and threats by her daughter-in-law.She said her son married the daughter-in-law in 2012 and the couple subsequently lived at the house. According to her, differences arose and, in March 2023, she, her husband and their son were compelled to leave the house and move to a flat in Serampore.The woman further alleged that in December 2023, her daughter-in-law entered the flat, demanded the keys to a portion of the house and threatened her. Her husband, who was seriously ill, died in January 2024, she added. She attributed his deteriorating health, in part, to the mental stress caused by her daughter-in-law.Story continues below this adThe woman was represented by advocate Ujjal Ray before the Calcutta High Court.The daughter-in-law’s counsel, advocate Karim Waris, submitted that his client had never prevented the woman from living in the house. He also told the court that his client would not object if her mother-in-law returned and lived in one of the rooms.However, he argued that the order should not be interpreted as directing the daughter-in-law to leave her matrimonial home. He also submitted that the case had been initiated at the instance of his client’s husband to harass her.‘Both must co-exist with mutual dignity’The court noted that the woman’s son had filed a divorce case against his wife in March 2022, while the daughter-in-law had filed a case under the Protection of Women from Domestic Violence Act in May 2022. Both proceedings were pending.Story continues below this adThe court also noted from a police report that the daughter-in-law was living in the house and had asked her mother-in-law to return, but the woman had declined the offer.The court observed that the petition could have some bearing on the existing matrimonial dispute between the woman’s son and daughter-in-law. It clarified that it would not decide issues pending before the other courts.Noting that the woman was a widowed senior citizen and that the daughter-in-law had expressed no objection to her return, the court said the latter was also entitled to live in her matrimonial home while the proceedings between the spouses remained pending.Also Read | Mother-in-law with means can’t ask late son’s wife to pay monthly: Kerala High Court“Both can and must coexist at the said premises with mutual dignity,” the court observed.Story continues below this adThe court directed that the woman could return to her house whenever she chose, provided she gave her daughter-in-law three days’ prior notice. The daughter-in-law was directed not to obstruct her entry or cause her any threat, harassment or disturbance.The court added that in case the woman is prevented from entering the said premises, the police concerned should ensure her peaceful entry into the said premises upon her intimation.