Thane: The Thane Additional Sessions Judge has rejected an appeal filed by a senior citizen couple and their son against their 37-year-old estranged daughter-in-law, in which they sought possession of a flat where she currently resides.

The court ruled that the request was not bona fide, emphasising that the parents-in-law could explore alternative housing options instead of solely relying on the property occupied by their daughter-in-law.

The trial court had earlier directed the estranged husband to pay a monthly maintenance of ₹20,000 to his wife and minor daughter.

However, the husband’s parents had filed an appeal in connection with the flat where the daughter-in-law was residing, the parent’s in- law had appealed, arguing that they had undergone knee surgeries and their current residence lacked elevators. They claimed that the flat where their daughter-in-law resides has elevators, and therefore, they requested the court to order her eviction so they could move in instead.

The appeal further stated that the property in question was jointly purchased by the estranged husband and his father, strengthening their claim over it.

Opposing the appeal, the daughter-in-law argued that the flat’s location was convenient for her child’s schooling, making it difficult for her to vacate. Instead, she offered to accommodate her in-laws in the same flat, stating that she was willing to cook for them and take care of them if they chose to stay with her.

After reviewing the evidence, the court dismissed the appeal, stating:

“The parents-in-law have been residing at their current address since the beginning. It appears that they became aware of their knee problems only after litigation started. Furthermore, the son’s decision to gift the flat to his father is suggestive of a motive. The respondent (daughter-in-law) is now settled in the flat, and it provides the most convenient access to her child’s school. Therefore, the request for exchanging the shared household, being not bona fide, need not be considered. The parents-in-law have other residential options that they can explore.”