Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 23—Order declining request for 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 Protection of Women from Domestic Violence Act—Petitioner is the sole and registered owner of the subject property—Subsequent to petitioner’s eviction application, fourth respondent (daughter-in-law) filed a complaint under Section 12 of the Domestic Violence Act—Allegations made against petitioner under the DV Act could not substantiated—Petitioner must not be deprived from utilizing her entire property and be forced to live with daughter-in-law, when there are instances to show that there is a rift between the son and the daughter-in-law—While the petitioner is entitled to seek eviction from subject property, petitioner and her son must also provide an alternative reasonable accommodation to the fourth respondent—It would be appropriate to permit the petitioner to exercise her rightful ownership over the subject property, while ensuring that fourth respondent is provided with an alternative accommodation or a monthly payment towards alternative accommodation—Direction issued.
[Paras 6 to 12]