Domestic Violence Act and Senior Citizens Act – Interplay of rights of senior citizen and daughter-in-law
The Petitioner No.1 is the wife of the Petitioner No.2 and daughter-in-law of the Respondent No.3 & mother of the Petitioner No.2.
On 17.11.2018, the petitioner no.1 filed complaint under the Domestic Violence Act, 2005. On 30.11.2018, the Court passed interim protection order restraining the respondents from dispossessing her from the property.
Respondent No.2 Vijay Mehta and husband of the Respondent No.3 had initiated eviction proceedings.
On 18.9.2020, the District Magistrate allowed the eviction petition of the respondent Nos.2 and 3 against the Petitioner Nos.1 and 2. They were forcibly evicted from the property.
This is how the conflict between the rights of the parties under the DV Act and the Senior Citizens Act came to the fore.
In the facts of the case, it was held that the senior citizen’s right to peace and security must take precedence. While the right of the petitioner under the DV Act is acknowledged, it does not supersede the right of the senior citizen to seek relief under the Senior Citizens Act when there is evidence of gross ill-treatment. There is no jurisdictional bar on the authorities under the Senior Citizens act to entertain the request for eviction.
Judgment dated 4.10.2024 of the High Court of Delhi in W.P.[C] 4643 of 2021 of Pooja Mehta and others Vs. Government of NCT of Delhi and others with connected matters
