The Delhi High Court has affirmed that elderly parents-in-law have the right to evict their son and daughter-in-law from their home if they face harassment. Justice Sanjeev Narula emphasized that, in such cases, the law designed to protect senior citizens takes precedence over the law intended to safeguard women. Consequently, women cannot assert a claim to reside in their in-laws’ house if it disrupts the peace of elderly parents.
Legal Context
In this decision, Justice Narula clarified that the Protection of Women from Domestic Violence Act, 2005 (DV Act) does not infringe upon the rights of senior citizens to live peacefully.
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He stated that if a senior citizen experiences mistreatment, the authority can issue an eviction order against the daughter-in-law, even if there is an existing protection order under the DV Act. This ruling upholds the eviction order initially issued by a Magistrate and supported by the Divisional Commissioner.
Case Background
The case involved a senior woman who, as a widow, lived in a six-room house with her son and daughter-in-law. Due to ongoing discord and tension, she relegate to a single room. The judge noted the importance of interpreting the Senior Citizens Act and the DV Act in a way that maintains harmony between the rights of both parties.
Balancing Rights
Justice Narula highlighted the need for a balanced approach, stating that the right to live in a shared house under Section 17 of the DV Act is not absolute. This right must be weighed against the senior citizen’s entitlement to a peaceful living environment.
The court concluded that no elderly individual should face compulsion to accept living conditions against their wishes, reinforcing the importance of respecting senior citizens’ rights within familial settings.
