A landmark judgement by the Supreme Court that will have an indelible impact on the jurisprudence surrounding “The Protection of Women From Domestic Violence Act, 2005”
S Vanitha vs The Deputy Commissioner on 15 December, 2020 indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.
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
The Chandigarh court, however, had passed an interim protection order in 2014, granting relief to the woman, restraining all the accused from committing any act of domestic violence.