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IN THE HIGH COURT OF ALLAHABAD
ALOK MATHUR, J.
Deepali Chopra @ Deepali Ahuja – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Social Welfare, Lko. And Others – Respondents
Writ C No.1041 of 2023
Decided on : 09-10-2023
EVICT - Maintenance and Welfare of Parents and Senior Citizen Act, 2007 - Section 2(h), Section 22, Section 23, Section 16, Section 9, Section 12, Section 125, Section 17, Section 19 - The court discussed the rights of senior citizens and daughter-in-law under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and the Protection of Women from Domestic Violence Act, 2005. It highlighted the power of the Maintenance Tribunal to order eviction as an incident of enforcement of the right to maintenance and protection, and the duty of the Tribunal to consider the rights of the daughter-in-law under the Act, 2005. The court emphasized the need for a composite order considering the competing claims of the parties under both acts.
Fact of the Case:
The case involved a dispute between a daughter-in-law and her in-laws over eviction from a shared household. The daughter-in-law sought shelter from the court to challenge the order of eviction passed by the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. The daughter-in-law also filed applications under the Protection of Women from Domestic Violence Act, 2005.
Finding of the Court:
The court found that the Maintenance Tribunal failed to consider the rights of the daughter-in-law under the Act, 2005 and passed an illegal and arbitrary order of eviction. The court also held that the daughter-in-law's appeal under the Act, 2007 was without jurisdiction. The matter was remitted to the Maintenance Tribunal for a fresh decision, and the daughter-in-law was protected from eviction until the final decision.
Issues: The key issues included the validity of the order of eviction passed by the Maintenance Tribunal, the jurisdiction of the daughter-in-law's appeal under the Act, 2007, and the failure of the Maintenance Tribunal to consider the daughter-in-law's rights under the Act, 2005.
Ratio Decidendi: The court emphasized the duty of the Maintenance Tribunal to consider the rights of the daughter-in-law under the Act, 2005 and the need for a composite order considering the competing claims of the parties under both acts. It also highlighted the requirement for the Maintenance Tribunal to provide reasons for its decisions and the need to record findings on the issues in dispute.
Final Decision: The writ petition was allowed, and the matter was remitted to the Maintenance Tribunal for a fresh decision. The daughter-in-law was protected from eviction until the final decision, and the appellate order was set aside. The court directed the parties to cooperate in expeditious disposal of the matter under the Act, 2007.
JUDGMENT :
1. The unsavory controversies borne out of failed marriage are arising with great frequency, and the present case is also a fallout of the embittered escalation of dispute between the senior citizens and their daughter-in-law.
2. Heard Sri Abhishek Khare, learned counsel for the petitioner as well as Sri Prashant Chandra, learned Senior Advocate assisted by Ms. Radhika Singh, learned counsel appearing for respondent nos. 2 and 3 and Sri Amarjeet Singh Rakhra, learned counsel appearing for respondent no. 1.
3. The petitioner who is the daughter-in-law of respondent no. 6 has sought shelter of this Court assailing the order of eviction passed by the Sub Division Magistrate, Sadar, Lucknow dated 28.12.2022 under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as "the Senior Citizen Act, 2007") whereby the application preferred by respondent no. 6, who is the mother-in-law of the petitioner has been allowed and order of eviction has been passed against the petitioner, asking her to vacate the premises situated at House No. B/237, Sector B, Mahanagar, Lucknow within a period of fifteen days. The petitioner has also challenged the order dated 08.01.2023, passed by District Magistrate, Lucknow whereby the appeal preferred by the petitioner has been rejected.
4. It has been submitted by learned counsel for the petitioner that petitioner was previously married to one Sanjay Chandra and from the said marriage she has two children, one daughter and one son aged about 22 and 17 years. It has been stated that petitioner and Sanjay Chandra decided to mutually separate and were granted a decree of mutual divorce by the Principal Judge, Family Court, Lucknow on 12.08.2010. Subsequently the petitioner met respondent no. 7 and they started living together in 2011 and finally got married as per Hindu Rites and Rituals. The petitioner alongwith her husband started living on the ground floor of the house being House No. B-337, Sector-B, Mahanagar, Lucknow owned by husband of respondent no 6, while respondent no. 6 (petitioner's mother-in-law) alongwith her husband reside on the first floor of the same house.
5. That soon after marriage of petitioner with respondent no. 7 the relationship became sour and frequent disputes started erupting between them and complaints were also lodged by the petitioner with the Police Commissioner and suit for divorce was filed by respondent no. 7 before the Principal Judge, Family Court, Lucknow on 29.09.2022, which is pending consideration. Petitioner on the other hand filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Act, 2005”), in October 2022, before the Additional Chief Judicial Magistrate (CBI), Lucknow which is pending. She has also filed an application under Section 125 Cr.P.C. before the Family Court, Lucknow.
6. It is in the aforesaid facts that the petitioner has submitted that respondent no. 6 in collusion with respondent no. 7 have filed the application under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act, 2007”). In the said proceedings notices were issued to the petitioner who has filed a written statement on affidavit denying the allegations made against her. The Sub-Divisional Magistrate/Maintenance Tribunal (hereinafter referred to “the Maintenance Tribunal”), duly considered the rival submissions and held that the applicant therein falls under the definition of “Senior Citizen” as provided under Section 2(h) of the Act, 2007 and her husband is the owner of house situated at B-337, Sector - B, Mahanagar, Lucknow and her husband is also aged and ailing and is not getting regular treatment. The petitioner, who is the daughter-in-law, is living on the ground floor and that neither the petitioner nor her husband i.e. respondent no. 7 are owners of the said house, but they were only given
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