AIR 2020 DELHI 512 (or AIR 2020 NOC 512 DEL)
(A) Protection of Women from Domestic Violence Act (43 of 2005), S. 2(s), S. 19 — Maintenance and Welfare of Parents and Senior Citizens Act (56 of 2007), S. 4 — Conflict of Statutes — Right of Residence vs. Right of Senior Citizens to Peaceful Life — Balancing of Rights.
Where conflict arises between the rights of a daughter-in-law to a "shared household" under the DV Act and the rights of senior citizens to peaceful enjoyment of their property under the Senior Citizens Act, Courts must adopt a balanced approach considering the nature of relationships and living arrangements, ensuring shelter for the daughter-in-law without depriving senior citizens of their property rights or peace of mind.
(B) Protection of Women from Domestic Violence Act (43 of 2005), S. 2(s) — "Shared Household" — Scope — Property owned by maternal grandparent of husband.
Property belonging to the maternal grandfather of the husband—in which neither the husband nor the in-laws possess exclusive ownership or joint family rights—cannot be construed as a "shared household" under S. 2(s) of the DV Act merely because the daughter-in-law resided there after marriage.
(C) Protection of Women from Domestic Violence Act (43 of 2005), S. 19 — Civil Procedure Code (5 of 1908), Order XII Rule 6 — Eviction of Daughter-in-law — Alternative Accommodation / Maintenance.
Where the relationship between in-laws and daughter-in-law is highly acrimonious and cohabitation causes severe distress to senior citizens, the father-in-law is entitled to seek recovery of possession/eviction. However, to safeguard the statutory right of shelter of the daughter-in-law, the husband and/or father-in-law must provide reasonable monetary support or alternative commensurate accommodation prior to eviction.
KEY GUIDELINES LAID DOWN BY THE COURT
When balancing the provisions of the DV Act, 2005 and the Senior Citizens Act, 2007, Courts should apply the following principles:
Ascertain Relationship Dynamics: Determine the nature of living arrangements, financial dependencies, and whether the family operated as a joint unit.
Eviction in Acrimonious Cases: If relations are irreparably strained, senior citizens/parents may seek eviction of the son and daughter-in-law. The husband's obligation to provide maintenance and shelter remains intact under the DV Act.
Collusion Between Husband and Parents: If parents and the husband act in concert to oust the wife, the obligation to provide alternative accommodation falls jointly or severally on both the husband and in-laws.
Unconditional Eviction for Ill-Treatment: Parents subjected to mistreatment or abuse by children are entitled to unconditional eviction to secure their peace, safety, and property income.
Abandonment by Husband: If the son abandons his family, the daughter-in-law may be permitted temporary shelter in the in-laws' premises for a reasonable transition period while she pursues legal remedies against her husband.
DISPOSITION OF THE CASE
Relief: The daughter-in-law was directed to vacate the Safdarjung Enclave property within 3 months.
Protective Condition: The father-in-law and/or husband were directed to pay a sum of ₹50,000 per month directly into the daughter-in-law's bank account to enable her to secure alternative commensurate accommodation.
Certificate of Fitness: Granted under Articles 133(1)(a) and 134A of the Constitution of India to appeal before the Supreme Court of India.
