Can Right Of Woman To Reside In Shared Household Under DV Act Be Defeated By Power Of Eviction U/S 23 of Senior Citizens Act?: SC Reserves Judgement
4 years ago

Can Right Of Woman To Reside In Shared Household Under DV Act Be Defeated By Power Of Eviction U/S 23 of Senior Citizens Act?: SC Reserves Judgement

Live Law  

The Supreme Court on Wednesday considered if the right of a woman to reside in the share household under section 17 of the Domestic Violence Act, 2005 could be defeated by the power of eviction under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 The bench of Justices D. Y. Chandrachud, Indu Malhotra and Indira Banerjee was hearing the plea of a married Hindu woman, residing at her in-laws' residence, challenging the order of eviction passed against her by the Deputy Commissioner. "The Senior Citizens Act is intended to prevent destitution of senior citizens. "'A', a senior citizen, transfers his property to his son or daughter, subject to the pre-existing right of maintenance, and if the son/daughter does not maintain him, the transfer would be void.here, nothing has become void", said the judge. Noting that the petitioner has not initiated any proceedings under the DV Act to claim her right and that the husband and the in-laws have come to be acquitted under section 498A, IPC, Justice Chandrachud said, "498A is not dispositive of any claim of the daughter-in-law.

Justice Property Maintenance Transfer Power Right Senior Citizens 498A Woman Act Senior Her Husband Husband Chandrachud Justice Chandrachud Section 23 Senior Citizens Act Sc Reserves Dv Act  woman  right  power  act  senior  property  sc  reserves  justice  daughterinlaw  reside  transfer  maintenance  judgement  shared  husband

History of this topic

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act
9 months ago

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act

Live Law  

The Bombay High Court stayed an order directing a daughter-in-law to vacate her matrimonial home under the Senior Citizens Act for six months until a Magistrate decides her interim application for residence under the Domestic Violence Act. The Apex Court held that right of a woman to secure residence in respect of shared household cannot be defeated by securing an …

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court
2 years ago

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court

Live Law  

The Supreme Court has held that Section 23 of Senior Citizens Act will be attracted only if the transfer of property by a senior citizen was subject to a condition of providing the basic amenities and basic physical needs to him/her.In this case, a petition was filed by a senior citizen woman under Section 23 of the Maintenance and Welfare …

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC
3 years, 1 month ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law  

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act
3 years, 2 months ago

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act

Live Law  

The Punjab and Haryana High Court recently upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.In this case, the father had not transferred the house in question to the son by way of gift or any other deed. The Punjab …

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