The Supreme Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act has no overriding effect over the right of residence of a woman in a shared household within the meaning of the Protection of Women from Domestic Violence Act.
The right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act, the bench comprising
S Vanitha vs. Deputy Commissioner, Bengaluru Urban District.
A senior citizen couple filed an application under the provisions of the Senior Citizens Act seeking eviction of their daughter in law and grand daughter from a residential house. This application was allowed by the Assistant Commissioner. Later, the said order was upheld by Deputy Commissioner in appeal. The Karnataka High Court, upheld these orders by dismissing writ petitions filed by daughter in law. Before the Apex Court, the daughter in law contended that, she cannot be evicted from her shared household, in view of the protection offered by Section 17 of the Protection of Women from Domestic Violence Act 2005. Relying on recent decision in