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

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 order of eviction by adopting summary procedure under Senior Citizens Act. “Though in every case, order of the Maintenance Tribunal cannot be made subject to proceedings filed by wife under DV Act, in the peculiar facts and circumstances of the case, where the husband has not made any arrangements for residence of Petitioner, I am of the view that the learned Magistrate who is in seisin of the DV Compliant takes decision on at least the interim prayers of Petitioner.” The summary procedure under the Senior Citizens Act cannot be used to defeat or nullify the protection granted to a wife's right to a shared household under Section 17 of the PWDVA, the bench held. “While the senior citizens cannot be entirely wrong in expecting that they live peacefully during the sunset days of their lives, in the facts and circumstances of the case, their grievance cannot be considered in isolation and Petitioner must also be permitted to get her claim of residence in shared household adjudicated, at least at interim stage,” Court said.