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ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Manju Arora – Appellant
Versus
Neelam Arora – Respondent
JUDGMENT
Anil Kshetarpal, J.—The issue that arises for consideration in the present Appeal is whether senior citizens are entitled to live peacefully with dignity in their own property, particularly when adequate steps have been taken to protect the Daughter-in-Law by the In-Laws?
2. The present Appeal assails the correctness of judgment dated 09.09.2025 [hereinafter referred to as “Impugned Judgment”] passed by the learned Single Judge in CS(OS) No. 606/2023, whereby the Respondents/Plaintiffs, who are the parents-in-law and senior citizens, were granted a decree of mandatory injunction directing the Appellant/Defendant to vacate the property bearing No. GB 25, Shivaji Enclave, Tagore Garden, New Delhi [hereinafter referred to as “suit property”], while providing alternate accommodation to the Appellant in terms of Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as “PWDV Act”].
Factual Matrix
3. The factual matrix giving rise to the present Appeal is that the Respondents herein, who are the parents-in-law of the Appellant and senior citizens in the evening of their lives, instituted a suit being CS(OS) No. 606/2023 before the l
(1) Right of residence under PWDV Act is not absolute or permanent; it is a right of protection, not possession – Equally, right of senior citizens to live peacefully with dignity in their own proper....
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 Ac....
The interplay between the Senior Citizens Act and the Domestic Violence Act necessitates that claims to residence in a shared household under the DV Act cannot be overridden by eviction orders based ....
Eviction orders under the DV Act require careful consideration of evidence regarding shared household rights and cannot be issued without assessing domestic violence context and current legal obligat....
No doubt the powers under Article 227 of the Constitution of India cannot be exercised as if the court is an Appellate Court. However, when the learned Trial Court overlooks significant facts and con....
The Court ruled that while the daughter-in-law has a right to residence under the PWDV Act, the toxic living condition justifies her eviction to protect the wellbeing of elderly plaintiffs.
The court upheld the right to reside in a shared household under the PWDV Act, validating interim injunctions for eviction when necessary to prevent harm, while ensuring alternative accommodation is ....
The Senior Citizens Act protects the rights of senior citizens against eviction and harassment by their children, affirming that children cannot assert property rights during the parents' lifetime.
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 ac....
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