Can Daughter-in-Law ousted from house ?
The Allahabad High Court at Lucknow, recently, quashed the order of SDM Lucknow, directing eviction of a widowed daughter-in-law from the house and held that Daughter-in-Law Can’t Be Ousted From House on the basis of Summary Proceedings under Senior Citizens Act.
The court said that the order of the SDM is in violation of the decision of the Supreme Court in the case of S. Vanitha vs. Deputy Commissioner, Bengaluru Urban District and Other.
This Judgment was given by a Single Judge bench of Justice Vivek Chaudhary on the petition of the daughter-in-law. (Smt. Khusboo Shkula vs District Magistrate Lucknow and Others).
On July 14, 2021, the SDM had ordered the daughter-in-law to vacate the house located in Gomti Nagar, on the petition of her father-in-law. The petition was filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
The court said that on November 6, 2019, the Special Judicial Magistrate, Lucknow on the application filed under the Domestic Violence Act ordered that the daughter-in-law shall not be removed from the said house.
The court found that the mother-in-law lives in Veer Nagar, Udayganj. The petitioner also lived with her husband and mother-in-law. But due to family dispute, she and her husband started living in Vishal Khand.
Senior Citizens have Right to Property, Whereas son and daughter-in-law are licensees at best.
They also had a child in 2015, however, her husband died in 2019. The petitioner said that since the death of her husband, her in-laws are harassing her. They wanted to remove her from the house.
Eventually, she was made homeless after the order of the SDM. Now she and her child don’t have a roof over their heads.
The court referring to the Judgment of Supreme Court in the case of S. Vanitha vs. Deputy Commissioner, Bengaluru Urban District and Other observed that:
It stands settled that both the Acts i.e. Senior Citizens, Act, 2007 and PWDV Act, 2005 are to be read simultaneously and a wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.
In the present case, the Sub-Divisional Magistrate, Sadar, Lucknow has passed the order in violation of the law settled by the Supreme Court by directing eviction of the petitioner under the provisions of Senior Citizens Act, 2007.
Giving a detailed Judgment on the matter, the Allahabad High Court set aside the order of July 14 of the SDM. Along with this, the petitioner and her child have been ordered to be given possession of the ground floor of the house.
ajaykummarpandey #ajaykummar #LucknowHighCourt
विधवा बहू को खाली नहीं करना पड़ेगा मकान: इलाहाबाद हाईकोर्ट ने कहा ये सुप्रीम कोर्ट के फैसले का उल्लंघन
Dr Ajay Kumar Pandey
Advocate, Supreme Court of India
www.4csupremelawint.com
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