Lawstreet Journal

'Section 3 of Senior Citizens Act Cannot be Deployed to Override or Nullify Women's Right to a Shared Household': Delhi High Court

Lawstreet Journal 17 Nov 2021 7:16pm

Image courtesy: Lawstreet Journal Judiciary 'Section 3 of Senior Citizens Act Cannot be Deployed to Override or Nullify Women's Right to a Shared Household': Delhi High Court

The Delhi High Court on Monday (November 15, 2021) held that Section 3 of the Senior Citizens Act, 2007 cannot be deployed to override and nullify other protections in law particularly a women's "right to a shared household" under Section 17 of the Protection of Women from Domestic Violence Act (DV Act), 2005.

Justice Asha Menon added that the factual situation has to be assessed on a prima facie evaluation before directing the eviction of the daughter-in-law from what she describes as her 'shared household'.

The Court was dealing with a petition filed by a daughter in law challenging a Sessions Court order in a suit filed by her father in law again her for evicting of the matrimonial property. The Trial Court had vide impugned order dated 19th April, 2021 passed various directions on the application filed by the father in law under Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005.

The Trial Court had directed the respondents to pay the petitioner two months' advance rental amount in order to enable her to take on rent a suitable accommodation for herself and also directed her to vacate the suit property within 40 days from the date of first payment.

It was the case of the petitioner that she and her husband were married in the year 1995, and she started living on the first floor of the suit premises since then. Thereafter the husband had filed a divorce petition in 2014. According to the petitioner, it… Continue Reading...


Tagged: Senior Citizens Act   Senior Citizens Act 2007  
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