“Can’t Render Wife Homeless For Senior Citizen In-Laws’ Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act
“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim... Live Law - Indian Legal News
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The Bombay High Court Stays Eviction Order, Emphasizing the SDGs
The Bombay High Court has issued a stay on an order that directed a daughter-in-law to vacate her matrimonial home under the Senior Citizens Act. The stay will be in effect for six months or until a Magistrate decides her interim application for residence under the Domestic Violence Act.
A Balanced Approach to Conflicting Rights
Justice Sandeep Marne, in his ruling, emphasized the need for a balanced approach when there is a conflict between the rights of senior citizens under the Senior Citizens Act and those of women under the Domestic Violence Act. The court stated that the rights of senior citizens cannot be determined in isolation and that the petitioner cannot be rendered homeless to ensure the peace of mind of the senior citizens.
“Petitioner cannot be rendered homeless to ensure peace of mind of the senior citizens,” the court added.
The Background of the Case
The judge was hearing an appeal filed by a daughter-in-law against an order of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The order directed her and her husband to vacate the mother-in-law’s house. The daughter-in-law, who has lived with her in-laws for over 27 years, contended that the Maintenance forum was being misused to throw her out of her matrimonial house by her husband in connivance with his parents.
The Senior Citizen complaint was filed after the woman filed a police complaint against the in-laws in November 2022, and her 19-year-old son also filed a police complaint against her. Immediately after, the daughter-in-law filed a domestic violence complaint against her husband and in-laws.
In an interim order, the tribunal directed the daughter-in-law and the son to vacate the house. However, the High Court protected the daughter-in-law from being evicted by issuing timely orders.
The Arguments of the In-Laws
The in-laws, through advocate Vivek Kantawala, submitted that the senior citizens have nothing to do with the matrimonial dispute of the couple and that they merely want peace of mind during the sunset days of their lives. They also pointed out that the daughter-in-law had made sexual harassment allegations against the father-in-law to demonstrate the atmosphere persisting in the house.
However, the court noted that the family had several properties and used expensive cars. Justice Marne observed that the Maintenance Tribunal failed to consider the interplay between the Senior Citizens Act and the DV Act, as laid down by the Supreme Court in the case of S. Vanitha vs. Deputy Commissioner.
Protection of Women’s Rights
The Supreme Court held that the right of a woman to secure residence in a shared household cannot be defeated by securing an order of eviction through summary procedure under the Senior Citizens Act. The court emphasized that the summary procedure under the Senior Citizens Act cannot be used to nullify or defeat a wife’s right to a shared household under Section 17 of the Protection of Women from Domestic Violence Act (PWDVA).
The Bombay High Court recognized that while senior citizens are entitled to a peaceful life, a wife cannot be rendered homeless or denied her statutory right to a shared household through summary eviction proceedings under the Senior Citizens Act. The court emphasized that the grievances of the senior citizens cannot be considered in isolation, and the wife must be permitted to have her claim of residence in a shared household adjudicated.
Equal Protection for Wives
The court noted that if the woman was living separately from her in-laws, she would still have a claim to the matrimonial home. The court emphasized that a wife staying separately from her in-laws should not enjoy better protection than one who chooses to reside in a joint family with her in-laws.
Therefore, the court suspended the eviction order against the wife for six months, allowing her to get her interim prayer for residence adjudicated under the DV Act complaint pending before the Magistrate. The court clarified that the Magistrate should decide the wife’s interim residence prayer without being influenced by any observations in the present judgment, ensuring an independent adjudication of her rights.
SDGs, Targets, and Indicators Analysis
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 5: Gender Equality
- SDG 10: Reduced Inequalities
The article discusses the conflict between the rights of senior citizens under the Senior Citizens Act and the rights of women under the Domestic Violence Act. This highlights the importance of gender equality (SDG 5) and reducing inequalities (SDG 10) in society.
2. What specific targets under those SDGs can be identified based on the article’s content?
- SDG 5.2: Eliminate all forms of violence against all women and girls in public and private spheres
- SDG 10.3: Ensure equal opportunity and reduce inequalities of outcome, including through eliminating discriminatory laws, policies, and practices
The article addresses the issue of violence against women (SDG 5.2) and the need to ensure equal opportunity and reduce inequalities (SDG 10.3) in the context of the conflict between the Senior Citizens Act and the Domestic Violence Act.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
Yes, there are indicators mentioned in the article that can be used to measure progress towards the identified targets. These indicators include:
- Number of cases of violence against women
- Number of cases where senior citizens’ rights conflict with women’s rights
- Number of cases where discriminatory laws or policies are challenged
The article mentions specific cases where violence against women and conflicts between senior citizens’ rights and women’s rights are highlighted. These cases can be used as indicators to measure progress towards the targets of eliminating violence against women and reducing inequalities.
SDGs, Targets, and Indicators Table
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 5: Gender Equality | Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres | – Number of cases of violence against women – Number of cases where senior citizens’ rights conflict with women’s rights |
| SDG 10: Reduced Inequalities | Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including through eliminating discriminatory laws, policies, and practices | – Number of cases where discriminatory laws or policies are challenged – Number of cases where senior citizens’ rights conflict with women’s rights |
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Source: livelaw.in
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