Woman's Right To Reside In Matrimonial Household Must Be Balanced With Protections Afforded Under Senior Citizens Act: Delhi High Court

The Delhi High Court has recently observed that the right to residence in matrimonial or shared household of women under the Domestic Violence Act must be balanced with the protections afforded to senior citizens under the Senior Citizens Act.

Justice Sanjeev Narula observed that a harmonious interpretation must be given to both the statutes to ensure justice is tailored to the specific familial and social contexts of the parties involved.

“The Domestic Violence Act primarily safeguards the rights of women within domestic spheres, ensuring protection against abuse and the right to reside in the matrimonial or shared household. However, this right must be considered in conjunction with the protections afforded to senior citizens under the Senior Citizens Act, which emphasizes the dignity, welfare, and peaceful living conditions for the elderly, allowing for the eviction of occupants causing distress,” the court said.

Justice Narula made the observations while dealing with a plea moved by a senior citizen against dismissal of her appeal against an order passed by the District Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

It was her case that her son, daughter in law and their two children maintained a non cooperative and hostile demeanour against her and threatened her, thereby rendering their cohabitation in the same household untenable.

She further claimed that the son and daughter in law attempted to coerce her into partitioning the property under guise of acquiring ownership. She said that the property was self acquired by her and thus, the son and daughter in law and their children had no legal claim on it. The woman sought their eviction from the house.

The court observed that the case highlights a recurring social issue where matrimonial discord not only disrupts the lives of the couple involved but significantly affects senior citizens.

“These details paint a distressing picture of the Petitioner's daily life, encumbered with neglect, health hazards, and psychological distress. Such circumstances compellingly argue for the necessity of ensuring that the living environment of senior citizens is safe, dignified, and free from any form of abuse or neglect, aligning with the core objectives of the Senior Citizens Act,” the court said.

It added that the daughter in law's right to residence under Section 17 of the Domestic Violence Act has to be balanced with the right of eviction of the senior citizens provided under Rule 22 of the Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2016.

“Hence, Petitioner must not be deprived from utilizing her entire property and be forced to live with Respondent No. 4, when there are instances to show that there is a rift between the son and the daughter-in-law. There is no justification to allow Respondents No. 3 to 6 to continue occupying the subject property, which is admittedly owned by the Petitioner,” the court observed.

It said that it would be appropriate to permit the senior citizen woman to exercise her rightful ownership over the subject property, while ensuring that the daughter in law was provided with an alternate accommodation or a monthly payment towards alternate accommodation.

The court directed the son to provide financial assistance of Rs. 25,000 per month to his wife. it added that once the financial support commences, the son, his wife and children would vacate the house and handover the vacant possession to the senior citizen woman within two months.

Title: SMT. SANTOSH TYAGI v. GOVERNMENT OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 951

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