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GUJARAT HIGH COURT
Biren Vaishnav, J.
Hiral Valjibhai Bhua – Petitioner
versus
Manjulaben Manjibhai Savaliya – Respondent
R/Special Civil Application No.6618 of 2022
Decided on 13.1.2023
(A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 23 read with Section 3 – Protection of Women from Domestic Violence Act, 2005 – Section 17 – Eviction of daughter-in-law from shared household – Significant object of legislation is to provide for and recognize rights of women to secure housing and to recognize right of a woman to reside in a matrimonial home or a shared household, whether or not she has any title or right in shared household – Allowing Senior Citizens Act, 2007 to have overriding force and effect in all situations, irrespective of competing entitlements of a woman to a right in a shared household within meaning of PWDV Act 2005, would defeat object and purpose which Parliament sought to achieve in enacting latter legislation – Right of a woman to secure residence order in respect of a shared household cannot be defeated by simple expedient of securing order of eviction by adopting summary procedure under Senior Citizens Act, 2007 – Over-riding effect for remedies sought by applicants under Senior Citizens Act, 2007 under Section 3, cannot be interpreted to preclude all other competing remedies and protections that are sought to be conferred by PWDV Act, 2005. (Paras 15, 16 and 17)
(B) Protection of Women from Domestic Violence Act, 2005 – Section 17 – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 23 – Eviction of daughter-in-law from shared household – Premises in question was purchased by mother-in-law herself prior to marriage entered into between Petitioner and her son – Petitioner as a result of her misbehaviour faced a Chapter Case where she was arrested and subsequently released on bail and then she moved out of matrimonial house – Mother-in-law had already been compelled to stay in a rented premises before Petitioner moved out of property that belonged to mother-in-law – Petitioner was not a part of “shared household” when Application under Domestic Violence Act or Senior Citizens Act were filed – It is not a case where right of Petitioner is defeated by mother-in-law in securing order of eviction adopting summary procedure under Senior Citizens Act – This was a clear case where mother-in-law had right to have her possession restored and a decree of eviction needed to be passed in light of provisions of Section 23 of Senior Citizens Act – Petition dismissed. (Paras 18, 19, 24 and 26)
(C) Interpretation of Statute – Principles of statutory interpretation dictate that in the event of two special acts containing non obstante clauses, later law shall typically prevail – In the event of a conflict between special acts, dominant purpose of both statutes would have to be analyzed to ascertain which one should prevail over other – Primary effort of Interpreter must be to harmonize, not excise. (Para 35)
Result: Petition dismissed.
JUDGMENT (ORAL)
Rule. Learned AGP Mr. Jay B. Trivedi waives service of notice of Rule for respondent No.8 while Mr. Pinank Raiyani, learned advocate waives service of notice of Rule for respondent No.1.
1. By way of this Petition under Article 226 of the Constitution Of India, the Petitioner has challenged the Order dated 9.11.2021 passed by the Presiding Officer Tribunal and Sub-Divisional; Magistrate, Gondal and the Order dated 21.03.2022 in Appeal No.3 of 2022 passed by the District Collector Rajkot (Appellate Tribunal), by which, the directions have been issued to evict the petitioner from her matrimonial home.
2. The facts in brief are as under:—
2.1. It is the case of the Petitioner that she was married to one Lakshitbhai Manjibhai Savaliya on 25.2.2022 at Village Devgam. The husband is a Dentist practicing at Gondal. It is her case that she was residing with him at the “premises in question” or “shared household”.
2.2. The petitioner - wife and the husband are engaged in several litigations inasmuch as FIRs have been filed by him as well as the petitioner and the Petitioner was once arrested in the case of an FIR filed by her husband and then released on bail. Proceedings under the Protection Of Women from Domestic Violence Act, 2005 (for short ‘the Domestic Violence Act’) have been initiated by the petitioner wherein the Petitioner has also sought relief under Section 17 of the Domestic Violence Act to reside in the shared household. Various efforts have been made to dispossess the petitioner from the shared household. A complaint has been filed by her mother in law under the Land Grabbing Act.
2.3. The respondent No.1 filed Maintenance Case No.1 of 2021 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Senior Citizens Act’) seeking custody of the premises in question which was allowed by the impugned order dated 9.11.20021 and confirmed in Appeal vide order dated 21.3.2022.
3. Mr. Pratik Y. Jasani, learned advocate for the petitioner made the following submissions:—
(1) Inviting the Court’s attention to the Memo of the Application filed by the Respondent No.1, Mr Jasani would submit that if the prayers of the Application are perused, the same would indicate that they are misconceived. Reading the provisions of Section 2(b) which defines “maintenance” and also reading the provisions of Section 23 of the Senior Citizens Act, he would submit that Section 23 of the Act only provides for the maintenance of a senior citizen or a parent and there is no provision envisaging an order of eviction and therefore the orders directing eviction of the Petitioner are without jurisdiction.
(2) Mr. Jasani would further submit that the house is a “shared household” and the petitioner has a right to reside in the said house. That a complaint is also filed under the provisions of the Domestic Violence Act and by the order under the Senior Citizens Act, the right of the Petitioner under the Domestic Violence Act gets frustrated.
(3) Mr Jasani would submit that complaints have also been filed by the respondent No.1, mother-in-law. He would invite the Court’s attention to the prayers in the Application under the Domestic Violence Act and submit that therein too a prayer has been made by the Petitioner that she may not be evicted from the shared household. He would submit that it is evident from the perusal of the reply filed by the Petitioner to the Application under the Senior Citizens Act wherein the Petitioner has specifically stated that the provisions of Section 23 of the Senior Citizens Act would not apply.
(4) Mr Jasani would further submit that it is specifically pleaded in the Application filed by the Petitioner under the Domestic Violence Act that the respondent No.1 or her husband have multiple properties at various places.
(5) Mr. Jasani inviting the Court’s attention to the findings of the original order and the appellate order would submit that no reasons have
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