The Punjab and Haryana High Court in its recent order clearly stated that a woman can be evicted from her in-laws’ house under the Senior Citizens Act, despite her rights under the Protection of Women from Domestic Violence (DV) Act.
This is a matrimonial dispute case where a District Magistrate, vide which the application of in-laws under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ordered the son, daughter-in-law along with their children to vacate the house. The woman challenged this October 2019 order in High Court.
Argument by Daughter-in-Law
Daughter-in-law argued that she could not be evicted from her matrimonial home, as she had rights under the Domestic Violence Act 2005 and the same could not be prejudiced by an order under the Senior Citizens Act.
Defense by In-Laws
The counsel for the in-laws, on the other hand, submitted that the petitioner was being paid Rs 40,000 monthly in compliance of an order passed by the competent court under the DV Act. As such, any order passed under the Senior Citizens Act did not affect her rights under the DV Act.
Punjab & Haryana High Court
Justice Rajbir Sehrawat asserted that the property was, undisputedly, in the senior citizen-father-in-law’s name.
The High Court did not find illegality in the course of action adopted by the in-laws. Justice Sehrawat remarked,
Although, the petitioner’s counsel has stressed upon the Supreme Court judgment to contend that the daughter-in-law could not be evicted from the house of the father-in-law, this court finds that the emphasis of the judgment is not to embolden the daughter-in-law to create any obnoxious situation for the senior citizen-father-in-law and then to claim immunity from the operation of the provisions of the Act of 2007.
SC Judgment Does Not Embolden Daughter-in-Law
Justice Sehrawat added,
Though the petitioner’s counsel has stressed upon the SC judgment to contend that the daughter-in-law cannot be evicted from the house of the father-in-law, this court finds that the emphasis of the judgment does not embolden her to create an obnoxious situation for the father-in-law.
Even the apex court did not pass an order determining the right of the daughter-in-law’s residence in the father-in-law’s house.
The apex court granted liberty to the daughter-in-law to avail remedies under the DV Act by granting her a year. The petitioner undisputedly availed her legal rights and remedies under the DV Act. The proceedings were stated to be pending before the appellate court after the trial court granted maintenance. The amount was being paid by the in-laws.
Therefore, there was no more conflict left between the remedies available to the petitioner under the DV Act and the remedies available to senior citizens under the Act of 2007.
Woman Can Be Evicted From In-Laws' House Under Senior Citizen Act Despite Protection From DV Act: Punjab & Haryana HC
▪️Supreme Court Judgment doesnt embolden Daughter-in-Law to create obnoxious situation for Father-in-Law
▪️DIL being paid Rs 40,000 pmhttps://t.co/dFDcI6z2Ik
— Voice For Men India (@voiceformenind) October 18, 2022
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