The Bombay High Court recently underscored that a woman cannot be forced out of her matrimonial home solely to ensure the tranquility of her elderly in-laws, stating that while senior citizens are entitled to live peacefully, their rights cannot infringe upon those guaranteed to women under the Protection of Women from Domestic Violence Act, 2005.
Justice Sandeep Marne clarified that while senior citizens have the right to reside undisturbed in their own homes, this right cannot be exercised in a manner that undermines a woman’s rights under the DV Act.
The Court made these remarks while setting aside an order issued by a tribunal responsible for cases under the Maintenance and Welfare of Parents and Senior Citizens Act. The tribunal had directed the eviction of a woman from her marital home based on a complaint by her in-laws.
The petitioner, married to her husband for nearly 27 years, had been residing in the matrimonial household owned by her in-laws. Despite marital discord, the tribunal ordered the couple to vacate the premises, a decision questioned by the Court.
Notably, the husband failed to comply with the order and continued living with his parents, leading the Court to infer that the eviction proceedings were orchestrated to remove the daughter-in-law from the household.
Asserting that the woman had no alternative place to reside, the Court emphasized that she could not be left homeless for the sake of her in-laws’ peace of mind.
Additionally, the Court highlighted the lack of arrangements made by the husband for his own accommodation despite the passage of six months since the eviction order.
The Court rejected the notion that a woman residing with her in-laws has lesser protection, emphasizing that her rights must be balanced with those of senior citizens. It quashed the tribunal’s eviction order and directed the magistrate to expedite the petitioner’s plea filed under the Domestic Violence Act for the right to remain in the shared residence.
Advocates representing the petitioner and her in-laws presented their arguments before the Court, underlining the importance of ensuring justice and safeguarding the rights of women in matrimonial disputes.
