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IN THE HIGH COURT OF BOMBAY
Sandeep V. Marne, J.
Sanjivani Jayesh Seernani - Appellant
Versus
Kavita Shyam Seernani & Ors. - Respondents
Writ Petition (Lodging) No. 28282 of 2023
Decided On : 18-03-2024
MAINTENANCE - SENIOR CITIZENS ACT, 2007; PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 - Sections 5, 17 - The court analyzed the interplay between the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Protection of Women from Domestic Violence Act, 2005. It emphasized that the provisions of the Senior Citizens Act cannot be misused to undermine a woman's right to reside in a shared household as protected under the DV Act. The court highlighted that both acts must be harmoniously construed, ensuring that the rights of women are not overridden by the summary procedures of the Senior Citizens Act. The court's decision was influenced by the need to protect the rights of the petitioner, who had resided in the shared household for 27 years, while also considering the rights of the senior citizens.
Fact of the Case:
The petitioner, Sanjivani, challenged an order from the Maintenance Tribunal under the Senior Citizens Act, which directed her and her husband to vacate the flat owned by her mother-in-law, a senior citizen. The petitioner alleged misuse of the tribunal's jurisdiction by her husband and in-laws to evict her from the shared household, where she had lived for 27 years.
Finding of the Court:
The court found that the Maintenance Tribunal failed to consider the petitioner's rights under the DV Act, particularly her right to reside in a shared household. It noted the need for a balanced approach to ensure that the rights of both the senior citizens and the petitioner are respected.
Issues: The primary issues were whether the Maintenance Tribunal had the jurisdiction to evict the petitioner from the shared household and how the provisions of the Senior Citizens Act interact with the DV Act.
Ratio Decidendi: The court held that the right of a woman to secure residence in a shared household cannot be defeated by an eviction order under the Senior Citizens Act. It emphasized that both acts must be harmoniously construed, and the tribunal should mold reliefs to protect the rights of women under the DV Act while addressing the grievances of senior citizens.
Final Decision: The court suspended the eviction order for six months, allowing the petitioner to pursue her claims under the DV Act. It directed that the Maintenance Tribunal's order regarding eviction would be subject to the outcome of the DV Act proceedings.
JUDGMENT
Sandeep V. Marne, J. - Petitioner-Sanjivani is the daughter-in-law of senior citizens and has petitioned this Court challenging the Order dated 18 September 2023 passed by the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 complaining that the forum of Maintenance Tribunal is being misused to throw her out of her matrimonial house by the husband with connivance of his parents. The impugned order passed by the Maintenance Tribunal directs Petitioner and her husband to vacate the residence of senior citizens. The husband has however not challenged Order of the Maintenance Tribunal. The Petitioner and her husband do not share a cordial marital relationship, which is why she feels that the jurisdiction of the Maintenance Tribunal is being misused by her husband though his parents to deny her residence in shared household within the meaning of Protection of Woman Against Domestic Violence Act, 2005.
2. Facts of the case, as pleaded in the petition, are that Petitioner married Respondent No.3-Jayesh Shyam Seernani on 22 October 1997 at Mumbai. Two children are born out of the wedlock -daughter Sanskriti on 25 December 1998 and son Harshwardhan on 19 January 2003. The daughter has completed her graduation in USA. and presently residing in USA. The son is pursuing B.B.A. Course in Mumbai and resides with the family. Since her marriage, Petitioner is residing in the flat on 4th floor of the building 'Anjali', situated on Plot No.18, Main Gulmohar Road, JVPD Scheme, Juhu, Mumbai (the said flat). The said flat is owned by Respondent No.1, who is a senior citizen and Petitioner's mother-in-law. Thus, Petitioner is residing with her husband and parents-in-law in the said flat. Petitioner alleges ill treatment at the hands of her husband, parents-in-law and sister-in-law and the details of through allegations need not be narrated here, considering the limited scope of enquiry.
3. Petitioner lodged a complaint with the police station on 12 November 2022. The Respondent No.2-Shyam Seernani (Father-in-law) filed police complaint against Petitioner on 25 November 2022. It also appears that Petitioner's son-Harshvardhan also lodged complaint against Petitioner with the police on 29 November 2023. In the above disturbed relationship between the parties, Respondent Nos. 1 and 2 filed application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act) before the Maintenance Tribunal constituted under the Act. Petitioner and her husband-Respondent No.3 were impeaded as Respondents in that application, in which Respondent Nos. 1 and 2 prayed for award of monthly maintenance of Rs.50,000/- as well as for an order of eviction of Petitioner and her husband from the flat.
4. Immediately after lodging of complaint by Respondent Nos. 1 and 2, Petitioner filed complaint under provisions of Protection of Woman Against Domestic Violence Act, 2005 (DV Act) against husband, parents-in-law and sister-in-law before the Metropolitan Magistrate at Andheri.
5. In the Compliant filed by Respondent Nos. 1 and 2, the Tribunal has passed Order dated 18 September 2023 directing Petitioner and Respondent No. 3 to vacate the said flat. It has further directed Respondent No.3 to pay monthly maintenance of Rs.10,000/-to the senior citizens. Petitioner and Respondent No.3 are injuncted from indulging in acts causing physical or mental torture to the senior citizens.
6. Though the Order is passed by the Maintenance Tribunal against Petitioner and Respondent No.3, directing both to vacate the said flat, only Petitioner is aggrieved by the Order passed by the Tribunal and has filed the present petition. The Respondent No.3-husband is not aggrieved either by direction for vacation of the said flat or for payment of monthly maintenance of Rs.10,000/-.
7. This Court by Order dated 11 October 2023 directed that no coercive steps be taken against Petitioner in pursuanc
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