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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J.
Anila W/o Jayaraman - Appellant
Versus
Maintenance Tribunal and Sub Divisional Magistrate, Ottapalam - Respondent
W.P. (C) No. 22270 of 2021
Decided On : 16-07-2025
Based on the provided legal document, the following key points can be summarized:
The court held that the provisions of the Senior Citizens Act, 2007, can coexist with those of the Domestic Violence Act, 2005, and should be interpreted broadly to include a daughter-in-law within the scope of 'children' for maintenance and residence rights (!) (!) (!) .
The order under the Senior Citizens Act, 2007, permitting the 2nd respondent (mother-in-law) to reside on the first floor of the property, does not violate the rights of the petitioners under the Domestic Violence Act, as it was issued with the understanding that the 2nd respondent would reside separately and not interfere with the petitioners' peaceful living (!) (!) .
The definitions within the Senior Citizens Act, 2007, such as "children" and "relative," are to be interpreted with a purposive approach, considering the intent of the legislation to provide swift and effective protection and maintenance for senior citizens, which can include daughter-in-law in possession of or entitled to inherit the property (!) (!) (!) (!) (!) (!) .
The property ownership status has changed due to a court decree, establishing the 2nd respondent's ownership of the property, which further supports her right to reside there (!) (!) .
The court emphasized that any apprehensions of harassment or physical harm by the 2nd respondent are to be addressed through appropriate legal remedies if violations of orders occur, and that the 2nd respondent's undertaking not to violate existing orders supports her right to reside on the first floor (!) .
The court dismissed the petition challenging the order, reaffirming that the order aligns with the legislative intent to protect the welfare of senior citizens and that the coexistence of the relevant statutes permits such arrangements (!) .
In summary, the court recognized the broad and purposive interpretation of the relevant statutes to include a daughter-in-law as a 'child' or 'relative' for the purpose of maintenance and residence rights, provided that the rights are exercised without violating existing legal orders and with due regard to the welfare of the senior citizen.
JUDGMENT :
VIJU ABRAHAM, J.
1. The above writ petition is filed challenging Ext.P10 order issued by the 1st respondent as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short “Senior Citizens Act, 2007”).
2. Brief facts necessary for disposal of the writ petition are as follows:
The 2nd respondent is the mother-in-law of the 1st petitioner, and the petitioner before the 1st respondent Maintenance Tribunal, and other petitioners are parents and relatives of the 1st petitioner. The 2nd respondent filed Ext.P1 complaint before the 1st respondent Tribunal requesting to permit her to reside on the first floor of the building in which the petitioners are residing on the ground floor. Ext.P1 complaint was resisted by the petitioners herein by filing Exts.P2 and P3 objections mainly contending that the 1st petitioner has approached the Judicial First Class Magistrate Court, Mannarkkad filing M.C.No.28 of 2021 (Ext.P4) invoking Section 18 of the Protection of Women from Domestic Violence Act, 2005 (in short “Domestic Violence Act, 2005”), alleging domestic violence and C.M.P.No.549 of 2021 (Ext.P5) was filed seeking protection orders. Ext.P6 interim order dated 05.03.2021 was issued whereby respondents 2 to 6 were restrained from causing any kind of nuisance or hindrance to the petitioners’ peaceful living in the shared house bearing No.9/28 (old survey No.28/13). In Ext.P6 interim order further directions were also issued. Petitioners would submit that complaints were also filed before the police as Exts.P8 and P9, alleging harassment and ill-treatment by the 2nd respondent and others. Without considering any of these aspects, by Ext.P10 order, the 1st respondent Tribunal invoking the powers under the Senior Citizens Act, 2007, permitted the 2nd respondent to reside in the said building where the petitioners are residing, and the petitioners were directed not to cause any mental or physical torture towards the 2nd respondent. It is aggrieved by the same that the present writ petition has been filed.
3. It is contended that as the 1st petitioner is the daughter-in-law of the 2nd respondent, no complaint is maintainable against her as per the provisions of the Senior Citizens Act, 2007. It is also submitted based on the judgment of the Apex Court in Vanitha v. Deputy Commissioner, Bengaluru Urban District, 2021 (1) KLT 80 that the right of the 1st petitioner to secure a residence or in respect of a shared household cannot be defeated by securing an order of eviction by adopting the summary procedure under the Senior Citizens Act, 2007 as directed in the present case. It is further submitted that if the 2nd respondent is allowed to stay in the house where the petitioners are residing on the strength of Ext.P6 order issued under the Domestic Violence Act, 2005, there is every chance of threatening and harassing the petitioner. It is on the said grounds, the present writ petition has been filed.
4. A detailed counter affidavit has been filed by the 2nd respondent denying the fact that her son who is the husband of the 1st petitioner has neglected the 1st petitioner and their minor children and contended that her son is working abroad in connection with his employment and the 1st petitioner is residing at Kannur and is working as a teacher in Government service. Though the 2nd respondent admitted the issuance of Ext.P6 order, it is contended that the proceedings issued as per Ext.P10 are not in conflict with Ext. P6 order. It is further submitted that the 2nd respondent and her husband have no other property/building to reside and the subject property originally belongs to the 2nd respondent as per sale deed No.2021 of 2016 of SRO, Ottappalam and the same was transferred in favour of her son as per settlement deed No.2368 of 2020 and that the said building is a two storied one with separate entrance to the first floor and it is considering all these aspects that Ext.P10 order was issued permitting
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