Bombay High Court Suspends Eviction of Daughter-in-law in Landmark Judgment, Upholding Domestic Violence Act Rights
In a significant ruling that underscores the delicate balance between the rights of senior citizens and those of women in matrimonial homes, the Bombay High Court has suspended an eviction order against a daughter-in-law residing in her matrimonial home.
Justice Sandeep V. Marne, presiding over the case of Sanjivani Jayesh Seernani vs. Kavita Shyam Seernani and Others, put a temporary halt to the Maintenance Tribunal’s directive for eviction, acknowledging the conflict between the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Protection of Woman Against Domestic Violence Act, 2005.
The petitioner, Sanjivani Jayesh Seernani, challenged the Tribunal’s decision, which had ordered her and her husband to vacate the flat owned by her mother-in-law. This decision came amidst ongoing matrimonial discord, with multiple complaints lodged by the parties, including one under the Domestic Violence Act by Sanjivani.
In a striking observation, Justice Marne noted, “Petitioner cannot be rendered homeless to ensure peace of mind of the senior citizens.” This comment highlights the court’s effort to balance the rights of a woman to reside in a shared household under the Domestic Violence Act against the Tribunal’s summary eviction order under the Senior Citizens Act.
The High Court’s ruling sheds light on the intricacies of legal conflicts involving shared household rights. Justice Marne further stated, “Where a situation arises when a contest is noticed between the rights of senior citizens under the Senior Citizens Act and of a woman under DV Act, balancing act needs to be done.”
This landmark judgment is being hailed as a significant step in protecting the rights of women, particularly in the context of matrimonial homes and domestic violence. The court has directed that the petition filed by Sanjivani under the Domestic Violence Act, which seeks protection against eviction from the shared household, be adjudicated independently.
The High Court’s suspension of the eviction order for six months allows for a re-evaluation of the petitioner’s rights under the Domestic Violence Act. Legal experts view this as an essential move towards ensuring fair treatment of women in matrimonial disputes, particularly in joint family settings.
This case, involving the interplay of two critical legislations, sets a precedent in ensuring that the rights of women in shared households are not undermined by the summary procedures of other acts.
Date of Decided : 18-03-2024
SANJIVANI JAYESH SEERNANI VS KAVITA SHYAM SEERNANI AND OTHERS
