Right of woman in matrimonial house cannot be defeated by invoking summary procedure: SC

Right of a woman to stay in a shared matrimonial household cant be defeated by securing an order of eviction by opting summary procedure under Senior Citizens Act 2007, Supreme Court said Tuesday.

top court said object of  Protection of Women from Domestic Violence Act 2005 (PWDV) is to provide and recognise rights of women to secure housing and reside in a matrimonial home or a shared household, wher or t she has any title or right in shared household. 

“Allowing Senior Citizens Act 2007 to have an overriding force and effect in all situations, irrespective of competing entitlements of a woman to a right in a shared household within meaning of PWDV Act would defeat object and purpose which Parliament sought to achieve in enacting latter legislation,” a bench heed by Justice D Y Chandrachud said.

top court said law protecting interest of senior citizens is intended to ensure that y are t left destitute, or at mercy of ir children or relatives. 

“Equally, purpose of PWDV Act 2005 cant be igred by a sleight of statutory interpretation. Both sets of legislations have to be harmoniously construed. Hence right of a woman to secure a residence order in respect of a shared household cant be defeated by simple expedient of securing an order of eviction by opting summary procedure under Senior Citizens Act 2007,” bench, also comprising Justices Indu Malhotra and Indira Banerjee, said.

apex court was hearing an appeal filed by a woman against an order of Karnataka High Court which asked her to vacate matrimonial house.

far-in-law and mor-in-law h filed an application under provisions of Maintenance and Welfare of Parents and Senior Citizens Act 20071, and sought her daughter-in-law's eviction from a residential house in rth Bengaluru.

Division Bench of high court by its judgment of September 17, 2019 held that suit premises belonged to mor-in-law ( Second respondent) of appellant and remedy of appellant for maintenance and shelter lies only against her estranged husband. 

(Photo Credit: PTI)