Alka Verma-
Published On: November 16, 2021 at 18:04 IST
On Monday, the Delhi High Court stated that Section 3 of the Senior Citizens Act, 2007 cannot be implemented to nullify other protections in Law.
The Court held that where a Women’s Right to have a shared household provided under Section 17 of the Domestic Violence Act is getting overridden, Section 3 of the Senior Citizens Act, 2007 cannot be Implemented.
Adding to this, Justice Asha Menon emphasized the point that the factual situation has to be assessed on a Prima Facie evaluation before directing the eviction of the daughter-in-law from her shared household.
The Court made these directions while dealing with a Petition filed by a daughter-in-law wherein, she challenged an order of the Trial Court.
The Trial Court in its order directed the daughter-in-law to vacate the property in a property Suit filed by her father-in-Law against her for evicting the matrimonial property.
According to the Petitioner, she along with her husband was living on the first floor of the conflicted building.
However, Petitioner claimed that the Divorce Petition which was filed by her husband in 2014, was just a move to throw her out of the property.
When the matter was brought before the High Court, the Petitioner contended that the order of Trial Court was unjustified as she was residing there for around 20-years, and moreover, it was a shared property also as she was the daughter-in-law.
After listening to the matter, the High Court stated, “In the event of a composite dispute where the suit premises are a site of contestation between the two groups protected by the Law, appropriately molded Reliefs Qua both the sides ought to be granted. Section 3 of the Senior Citizens Act, 2007 cannot be deployed to override and nullify other protections in Law particularly that of a “ Women’s Right to a shared household” under Section 17 of the DV Act.”
At last, the High Court also held that the order of the Trial Court to vacate the place amid of COVID-19 and to shift to a rented place was unwarranted.
Click Here to Read/Download the Order
Also Read: Maintenance and Welfare of Senior Citizens in India
Allahabad HC Bench: Women cannot be evacuated from Matrimonial Home