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.
Advocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, counter-cases, and high-stakes matrimonial strategy for Indian and NRI clients.
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Good information.. but i need to know my inlaws forcing my husband to move together to new house .. where they want to live in flat system.. i hv two daughters. I dont want to leave this place where i m living present. Suggest me can they do what they are thinking according to laws..
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