Summary Eviction Procedure Under Senior Citizens Act Cannot Be Invoked To Defeat Right Of Residence Of Woman In A Shared Household As Per DV Act

THE SUPREME COURT RECENTLY HELD THAT SUMMARY EVICTION PROCEDURE UNDER SENIOR CITIZENS ACT CANNOT BE INVOKED TO DEFEAT RIGHT OF RESIDENCE OF WOMAN IN A SHARED HOUSEHOLD AS PER DVACT

HIGHLIGHTS FROM THE PRESENT CASE

• A senior citizen couple filed application for seeking eviction of daughter-in-law and their granddaughter from their house, in accordance with the Senior Citizens Act
• The application was initially allowed by Assistant Commissioner, and later upheld by the Deputy Commissioner
• Later, the Karnataka High Court too upheld the eviction order, in a Petition filed by the daughter-in-law
• Aggrieved by the order, the daughter-in-law approached the Supreme Court who finally quashed the eviction order.

WHAT IS THE SENIOR CITIZENS ACT?

• Maintenance And Welfare Of Parents And Senior Citizens Act, 2007
• This act was brought to provide effective provisions for welfare of parents and senior citizens above age of 60
• The act also provides for establishment of “Maintenance Tribunals” for quick disposal of cases relating to maintenance and involving senior citizens

WHAT IS PWDV ACT?

• Protection of Women against Domestic Violence Act, 2005
• This act was brought to provide protection to rights of women
• This act also protects them from any kind of violence occurring in the family
• Section 17 of the act provides that every woman in a domestic relationship shall have the right to reside in the shared household and that she should not be evicted or excluded from the shared household or any part of it.

SUPREME COURT'S JUDGMENT

• The Supreme Court quashed the eviction order, holding that that the Sinor Citizenship Act cannot override the PWDV act and used violation of a woman’s rights
• It held that the purpose of both special acts is to provide rights and remedies to people of two different categories
• The maintenance tribunal must maintain a harmonious interpretation between both legislations and ensure that no parties have their rights infringed.

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