Right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act

Описание: 𝐖𝐡𝐞𝐭𝐡𝐞𝐫 𝐨𝐛𝐥𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐩𝐫𝐨𝐯𝐢𝐝𝐢𝐧𝐠 𝐬𝐡𝐞𝐥𝐭𝐞𝐫 𝐨𝐫 𝐫𝐨𝐨𝐟 𝐭𝐨 𝐭𝐡𝐞 𝐝𝐚𝐮𝐠𝐡𝐭𝐞𝐫-𝐢𝐧-𝐥𝐚𝐰 𝐢𝐬 𝐮𝐩𝐨𝐧 𝐭𝐡𝐞 𝐩𝐚𝐫𝐞𝐧𝐭𝐬-𝐢𝐧-𝐥𝐚𝐰 𝐨𝐫 𝐭𝐡𝐞 𝐡𝐮𝐬𝐛𝐚𝐧𝐝?

The supreme court in a bid to harmonise the competing reliefs in case- 𝐒. 𝐕𝐚𝐧𝐢𝐭𝐡𝐚 𝐯𝐬 𝐓𝐡𝐞 𝐃𝐞𝐩𝐮𝐭𝐲 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐞𝐫, held that the Tribunal

𝐖𝐡𝐞𝐭𝐡𝐞𝐫 𝐨𝐛𝐥𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐩𝐫𝐨𝐯𝐢𝐝𝐢𝐧𝐠 𝐬𝐡𝐞𝐥𝐭𝐞𝐫 𝐨𝐫 𝐫𝐨𝐨𝐟 𝐭𝐨 𝐭𝐡𝐞 𝐝𝐚𝐮𝐠𝐡𝐭𝐞𝐫-𝐢𝐧-𝐥𝐚𝐰 𝐢𝐬 𝐮𝐩𝐨𝐧 𝐭𝐡𝐞 𝐩𝐚𝐫𝐞𝐧𝐭𝐬-𝐢𝐧-𝐥𝐚𝐰 𝐨𝐫 𝐭𝐡𝐞 𝐡𝐮𝐬𝐛𝐚𝐧𝐝?

The supreme court in a bid to harmonise the competing reliefs in case- 𝐒. 𝐕𝐚𝐧𝐢𝐭𝐡𝐚 𝐯𝐬 𝐓𝐡𝐞 𝐃𝐞𝐩𝐮𝐭𝐲 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐞𝐫, held that the Tribunal under the Senior Citizens Act, 2007 may have the authority to order an eviction, if it is necessary and expedient to ensure the maintenance and protection of the senior citizen or parent, however, the over-riding effect for remedies sought under the Senior Citizens Act 2007, cannot be interpreted to preclude all other competing remedies and protections that are sought to be conferred by the DV Act 2005.

under the DV Act 2005 and Senior Citizens Act 2007
Section 36 of the DV Act 2005 stipulates that the provisions of the Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. This is intended to ensure that the remedies provided under the enactment are in addition to other remedies and do not displace them. The Senior Citizens Act 2007 is undoubtedly a later Act and Section 3 stipulates that its provisions will have effect, notwithstanding anything inconsistent contained in any other enactment. However, the provisions of Section 3 of the Senior Citizens Act 2007 giving it overriding force and effect, would not by themselves be conclusive of an intent to deprive a woman who claims a right in a shared household, as under the DV Act 2005.
In the event of a conflict between special acts, the dominant purpose of both statutes would have to be analyzed to ascertain which one should prevail over the other.
The law protecting the interest of senior citizens is intended to ensure that they are not left destitute, or at the mercy of their children or relatives. Equally, the purpose of the DV Act 2005 cannot be ignored by a sleight of statutory interpretation.

𝐁𝐨𝐭𝐡 𝐬𝐞𝐭𝐬 𝐨𝐟 𝐥𝐞𝐠𝐢𝐬𝐥𝐚𝐭𝐢𝐨𝐧𝐬 𝐡𝐚𝐯𝐞 𝐭𝐨 𝐛𝐞 𝐡𝐚𝐫𝐦𝐨𝐧𝐢𝐨𝐮𝐬𝐥𝐲 𝐜𝐨𝐧𝐬𝐭𝐫𝐮𝐞𝐝.

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