Elderly can’t use senior citizens act to evict daughter in law: Supreme Court

17th Dec

Elderly can’t use senior citizens act to evict daughter in law: Supreme Court

The Supreme Court has held that the right of a wife to a shared household under the domestic violence act will prevail against a decree obtained by her aged in laws under the senior citizens act.
The division bench comprising of justices DY Chandrachud, Indu Malhotra and Indira Banerjee has passed this judgment while hearing a civil appeal filed by Smt. S Vanitha.
The bench studied and analyses the laws and made out the point that section 3 of 2007 act had an overriding effect over any other laws. It was this argument that the aged parents of the husband used to obtain an eviction order against their daughter in law in Bengaluru home.
Protection of women from domestic violence act, 2005, which have a motive to protect the wives against the domestic violence, and the maintenance and welfare of parents and senior citizens act, 2007 created to protect the senior citizens by providing them a affordable and safe remedy to secure their interest at an advanced stage of life.
The court further noted that, section 3 of the senior citizens act observed that its provisions will have effect, notwithstanding anything inconsistent contained in any other enactment.
The court said that, the tribunal under the senior citizens act 2007 may have the authority to order an eviction, if it is necessary to ensure the maintenance and protection of the senior citizen or parent. On the other hand, eviction is considered an an incident of the enforcement of the right to maintenance and protection. However, this remedy can be granted only after adverting to the competing claims in the dispute.
Section 3 of the senior citizens act, 2007 cannot be deployed to override other protections in law, particularly that of a woman’s right to a shared household under Section 17 of the PWDV ACT 2005.
The appellant is at liberty to move the court for seeking remedies under the PWDV act 2005 for appropriate orders.