Introduction
The Senior Citizen Act was enacted to protect the interest of senior citizens and it ensures that they are not left destitute or at the mercy of their children/ relatives. The Domestic Violence Act, 2005, protects the right of a woman. Both sets of legislation have to be harmoniously construed.
The Senior Citizen Act makes it clear and makes legal obligation for children and other heirs to provide proper maintenance to senior citizens and parents. It clarifies that parents are obliged to be maintained by their children and in no manner; children can shy away from their duty towards their parents. This Act also provides a simple, speedy, and inexpensive mechanism for the protection of life and property of older persons.
Domestic Violence Act
\’Domestic violence is a contradiction in terms. For every human being, home fulfills the basic need of safety – shelter. The priority for a person when settling down in life is creating a shelter by owning a house. However, for women this very house can be a threat to their safety, dignified living, in fact, sometimes, a threat to their very existence. The threat is so grave that the legislature has been compelled to enact special legislation for their protection— the Protection of Women from Domestic Violence Act, 2005.
What is a shared household?
A shared household may be defined as a house where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent. This would include renting as well as owning properties.
Concept of shared household: Supreme Court
The Apex Court a three-judge bench comprising of Justices Ashok Bhushan, R Subhash Reddy, and MR Shah,clarified that the concept of ‘shared household’ refers to property that is owned by a woman\’s husband, or by the joint family of which the husband is a member. This does not include the self-acquired property of any family member. Hence, as per the definition of the \’shared household\’ provisioned under Section 2(s) of the Domestic Violence Act, a woman who has been subject to domestic violence has the legal right to the shared household of the family and also the ancestral house of the mother-in-law[i].
Further, Section 17(1) of the Domestic violence Act states that every woman in a domestic relationship will have the legal right to reside in a shared household, regardless of her title or beneficial interest in it[ii].
The balance between daughter-in-law\’s right and parent-in-laws\’ rights[iii]
Ravneet Kaur v. Prithpal Singh Dhingra[iv]: Case Study
The High of Delhi observed in a recent case that the right of residence u/s 19 of the Domestic Violence Act is not an indefeasible right of residence in a shared household especially when a daughter-in-law is not good towards the father and mother-in-law. It further remarked that there was no proof in the instant case that the property was purchased from the joint Hindu Family Funds, and hence it is clear that the father-in-law had self-acquired the property.
The court considered the age of the old parents and opined that they are entitled to live peacefully and they should not suffer due to the matrimonial discord between their son and his wife. The High Court directed that the execution of the eviction order stays for two weeks so that the appellant can find new accommodation[v].
In Satish Chandra Ahuja v. Sneha Ahuja[vi]– The Court considered the issue of the right to residence u/s 19 and stated that is not an indefeasible right of residence in a shared household especially when the daughter-in-law is pitted against aged father-in-law and mother-in-law.
Guidelines determining the obligations under the Domestic Violence Act
In the case of Vinay Verma v. Kanika Pasricha & Anr. [vii]– Certain guidelines have been laid down to determine the obligation of providing alternate accommodation to the daughter-in-law:
- “The court/tribunal has to first ascertain the nature of the relationship between the parties and the sons/daughters family
- If the case involves the eviction of a daughter-in-law, the court has to also ascertain whether the daughter-in-law was living as part of a joint family.
- If the relationship is bitter, then the parents ought to be permitted to seek eviction of the son/daughter-in-law or daughter/son-in-law from their premises. Then the husband shall be obligated to maintain the wife.
- If the relationship between the parents and the son are peaceful or if the parents are seen colluding with their son, then, an obligation to maintain and to provide for the shelter for the daughter-in-law would remain both upon the in-laws and the husband especially if they were living as part of a joint family.
- In case the son or his family is ill-treating the parents then the parents would be entitled to seek unconditional eviction from their property so that they can live a peaceful life and also put the property to use for their generating income and their expenses for daily living.
- If the son has abandoned both the parents and his wife/children, then if the son\’s family was living as part of a joint family before the breakdown of relationships, the parents would be entitled to seek possession from their daughter-in-law, however, for a reasonable period they would have to provide some shelter to the daughter-in-law during which time she can seek her remedies against her husband.\”
The recent judgment of the Delhi High Court in the Ravneet Kaur Case (supra)[viii] is indeed a step towards maintaining a balance between the rights of aged in-laws and their daughter-in-law. The Court has specifically ruled that if a woman mistreats her in-laws, then she has no right to live in their house. She can be evicted from the aged in-laws’ house as they have the right to live peacefully. The daughter-in-law does not have an indefeasible right of residence under the Domestic Violence Act.
[i] Satish Chander Ahuja v. Sneha Ahuja [2020 SCC OnLine SC 841]
[ii][ii] https://www.moneycontrol.com/news/business/personal-finance/women-have-right-to-stay-at-in-laws-house-sc-revises-judgement-on-domestic-violence-act-5969101.html
[iii] https://www.scconline.com/blog/post/2021/05/18/shared-household/
[iv] Case No.: RFA 832 of 2018
[v] https://lawtrend.in/daughter-in-laws-right-of-residence-u-s-19-of-dv-act-not-indefeasible-in-a-shared-household-rules-hc/
[vii] CM(M) 1582/2018
[viii] Case No.: RFA 832 of 2018
