Supreme Court Upholds Woman’s Right to Reside in Matrimonial Home, Restricts Eviction under Senior Citizens Act

SC Rules that Protection of Women from Domestic Violence Act Prevails Over Summary Eviction Proceedings Under Maintenance and Welfare of Parents and Senior Citizens Act

In a landmark judgment delivered on December 15, 2020, the Supreme Court of India has affirmed the right of a woman to secure residence in her matrimonial home or shared household, and held that such a right cannot be defeated by an eviction order passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“Senior Citizens Act”). The bench comprising Justices Dr. Dhananjaya Y. Chandrachud, Indu Malhotra, and Indira Banerjee emphasized the need to harmoniously interpret the Senior Citizens Act and the Protection of Women from Domestic Violence Act, 2005 (“PWDV Act”) to protect vulnerable members of society.

The case arose when Smt. S Vanitha, the appellant and daughter-in-law of the respondents, was ordered to vacate a residential house in Bengaluru under the Senior Citizens Act. The property had originally been purchased by her estranged husband a few months before their marriage and subsequently transferred to his parents, the respondents. After the marriage broke down, the parents filed an application under the Senior Citizens Act seeking eviction of the appellant from the house, which was allowed by the Assistant Commissioner and upheld by the Deputy Commissioner and the Karnataka High Court.

The appellant challenged the eviction order before the Supreme Court, contending that the premises constituted her shared household within the meaning of Section 2(s) of the PWDV Act, which grants women the right to reside in a shared household regardless of title or ownership. She argued that the Senior Citizens Act was being misused to circumvent her rights under the PWDV Act.

The Court undertook a detailed analysis of both statutes. It noted that the Senior Citizens Act was enacted to provide speedy and inexpensive relief to senior citizens neglected by their children and relatives, including maintenance and protection of life and property. The Act contemplates summary procedures and empowers tribunals to order maintenance and protect senior citizens’ property. However, it does not explicitly authorize eviction orders.

On the other hand, the PWDV Act aims to protect women from domestic violence and explicitly confers a right of residence in the shared household, whether or not the woman has legal ownership or title. The Court referred to the definition of “shared household” as exhaustive and clarified that a woman’s right to reside cannot be nullified by orders under other statutes.

Importantly, the Supreme Court held that the Senior Citizens Act’s overriding clause cannot be interpreted to defeat the object of the PWDV Act, which safeguards women’s rights in matrimonial homes. The Court ruled that eviction proceedings under the Senior Citizens Act cannot be used as a subterfuge to evict a woman from her shared household. It further directed the respondents not to forcibly dispossess the appellant and to maintain the electricity connection to the premises, facilitating her to pursue remedies under the PWDV Act.

The Court set aside the eviction orders passed by the Karnataka High Court and the authorities under the Senior Citizens Act, allowing the appellant to continue residing in the premises pending determination of her rights under the PWDV Act. It also ordered that the appellant receive legal aid assistance if needed and imposed a restraint on the respondents from alienating or disposing of the property for one year.

This ruling is a significant affirmation of women’s rights in matrimonial homes, reinforcing that statutes protecting senior citizens and those protecting women from domestic violence must be interpreted harmoniously to ensure justice to all vulnerable groups. The judgment also clarifies that summary eviction powers under the Senior Citizens Act do not override residence rights under the PWDV Act.

Statutory provisions

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Sections 3, 4, 23; Protection of Women from Domestic Violence Act, 2005 Sections 2(s), 17, 19, 26, 36; Hindu Marriage Act, 1955 Sections 13(1)(ia), 28; Constitution of India Articles 136, 142, 226

Smt. S Vanitha v. Deputy Commissioner Bengaluru Urban District, (SC) : Law Finder Doc Id # 1782810