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Wife neither appendage, adjunct to husband: Delhi HC
The court made the observation while directing a man to vacate his tenanted shop proposed to be used by the married daughters of a landlord
A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi high court has said.
The court made the observation while directing a man to vacate his tenanted shop proposed to be used by the married daughters of a landlord for starting their business in the national capital.
Justice Najmi Waziri said that a wife, in law, retains her individual entity, including the natural right to pursue her dreams, aspirations, desires and the need to be financially independent or otherwise do some meaningful social work.
“Idle luxuriation may not be the life-goal of many a woman or to be simply known as a rich man’s wife. There is a certain self-worth which a person acquires by running her or his own business/commercial enterprise, vocation and professional activity.., “ the court said in a judgment of July 7.
The court was hearing a plea by the landlord who had challenged the dismissal of his petition seeking eviction of the tenant by an Additional Rent Controller in June 2018.
The eviction was sought on the ground that the shop was required for bonafide use by the landlord and his married daughters, who were dependent on their father for a space for their business.
The counsel for the landlord contended that the daughters had no suitable alternate accommodation, were unemployed but had commercial aspirations as they were well educated.
Ruling in the favour of the landlord, justice Waziri said that the order of the rent controller was “misdirected itself” in an inquiry about the economic well being of the landlord, his wife and business of the daughters’ husbands, or in concluding that there was no need for the daughters to start their business or to ask their father to provide them an accommodation for business simply because they were married and alternate accommodation was available with their husbands.
The court said that for a daughter, irrespective of her matrimonial status, her paternal or maternal home is always a “psychological, physical and emotional sanctuary” and a place to which she can relate and return to freely, irrespective of how far she is geographically located from her parents.
“The law provides for eviction of a tenant on the need of dependants. Married daughters are included among dependents of their parents, for commercial/residential space. The test in law is about the dependency of the children upon the landlord/ landlady when the property of the parent is in question, “ the court said.
The court observed that the married daughters were dependent upon their father for a space to start their business in Delhi.
The judge, however, clarified that as per provisions under section 14(7) of the Delhi Rent Control Act, 1958, the order shall not be executable for six months.
