No eviction of Daughter in law from the House of mother and father in law
This is a new judgement of Hon’ble Supreme court n which the eviction of Daughter in law from the shared household is not possible.
Now there is a scenario when mother in law/father in law could file the proceedings under the senior citizens act in connivance with the son to evict the daughter in law
Now question which was answered in this new judgement of S Vanitha is that whether the daughter in law can be evicted when she is occupying shared household of old parents?
The answer to the question lies in the harmonious construction of both the DV act and the senior citizen act
There is a section 26 of the DV act which says the provisions of the DV act are in addition to any other act.
The Hon’ble supreme court held that
It would be appropriate for the Tribunal constituted under the Senior Citizens Act 2007 to appropriately mould reliefs, after noticing the competing claims of the parties claiming under the PWDV
Conclusion
Daughter in law cannot be evicted without keeping in mind the provisions of PWDV
Act 2005 and Senior Citizens Act 2007.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
