Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 23—Order of eviction—Challenged—Case involves contesting claims of Senior Citizens to seek an order of eviction under Senior Citizens Act and of the daughter-in-law to seek residence in shared household under provisions of Section 17 of the Domestic Violence Act—Where a situation arises when a contest is noticed between the rights of senior citizens under the Senior Citizens Act and of a women under Domestic Violence Act, balancing act needs to be done and the rights of senior citizens cannot be decided in isolation—Order of eviction passed by the Maintenance Tribunal after conducting summary inquiry under the Senior Citizens Act would result in frustrating the relief of residence in shared household that petitioner seeks in her compliant under the Domestic Violence Act—Petitioner cannot be rendered homeless to ensure peace of mind of the senior citizens—Petitioner’s husband has so far not made any arrangement for residence of couple despite passage of six long months from the date of Tribunal’s order—Though in every case, order of the Maintenance Tribunal cannot be made subject to proceedings filed by wife under Domestic Violence Act, in the peculiar facts and circumstances of case, where the husband has not made any arrangements for residence of petitioner, the Magistrate who is in seisin of the DV compliant takes decision on atleast the interim prayers of Petitioner—Till the same is decided, at least at the interim stage, the order passed by the Maintenance Tribunal directing petitioner’s eviction needs to be suspended—Order passed by the Maintenance Tribunal, to the extent of directing petitioner’s eviction from the said flat, shall not be implemented for a period of six months, during which time, petitioner shall get adjudicated the prayer for interim relief in Compliant filed under DV Act—Petition allowed.
[Paras 24 to 38]