Senior Citizens Act 2007 & Domestic Violence Act 2005 – Interplay of Rights senior citizens to secure their house and a woman to shared household in matrimonial home.
The petitioner – daughter in law of the senior citizens has challenged the Order dated 18.9.2023 of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, by which she was directed to vacate the residence of senior citizens.
On 22.10.1997, the petitioner and the respondent no.3 Jayesh were married. They have two children. Daughter completed her graduation in USA and son pursuing BBA course in Mumbai.
Since marriage, the petitioner is residing in the flat at Juhu owned by respondent no.1 mother in law, with her husband and in-laws. The petitioner was ill-treated by her husband, in laws and sister in law. The petitioner had disturbed relationship with the family. Police complaints were filed against each other.
Respondent Nos.1 and 2 – in laws filed application for maintenance of Rs.50,000/- per month and also eviction of the petitioner and her husband from the flat. The husband was added as respondent no.3.
The petitioner filed DV Case in the Criminal Court. By the order dated 18.9.2023, the Tribunal directed the petitioner to vacate the flat. The husband did not challenge the said order.
HELD that the petitioner wife resided in the flat for 27 years since marriage. There was disturbed relationship. In the ordinary circumstances, it is only respondent no.1 should decide as to who can reside with her in that flat. The owner has decided that her son and his wife should not reside in the flat. According to the wife, the said flat was her shared household within the meaning of the Domestic Violence Act and entitled to reside in the said flat. The provisions of the Senior Citizens Act are misused to seek her outsider from the share holders. The question was whether right of a woman to secure residence in respect of shared household cannot be defeated by securing an order of eviction by adopting summary procedure under the Senior Citizens Act. The overriding effect of remedies under the Senior Citizens Act cannot be incorporated to preclude all other competent remedies and protections under the D.V. Act.
When a contesting claim is presented before the Maintenance Tribunal under both the enactments, the Tribunal must mold the relief to ensure that the rights of a woman for protection under DV Act are not interfered with while deciding summary proceedings under the Senior Citizens Act.
Where the wife stays in joint family and in the house owned by in-laws, her rights under Section 17 of the DV Act would be frustrated in the summary inquiry under the Senior Citizens Act. In such a situation of context between the rights of senior citizens and a woman, balancing act needs to be done and the rights of senior citizens cannot be decided in isolation.
Judgment dated 18.3.2024 in W.P.(L) No.28282 of 2023 of Sanjivani Jayesh Seernanai Vs. Kavita Shyam Seernani and others
