The Delhi High Court has held that the protection available to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be used to defeat a daughter-in-law's right of residence in matrimonial or shared household under the Domestic Violence Act, 2005.

“Right of a woman to secure a residence order 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,” Justice Amit Mahajan said.

The Court made the observations while setting aside eviction orders against a daughter in law, who was residing with her minor son in a property in Delhi's Hari Nagar.

The eviction proceedings were initiated by her mother-in-law, who claimed exclusive ownership of the property based on a relinquishment deed executed by her sons.

The Court held that the deed, whose validity and effect were disputed and were pending consideration before the civil court, could not by itself conclusively extinguish the daughter in law's asserted right of residence, particularly when her minor son's residence was also involved.

While acknowledging the senior citizen's right to live peacefully and with dignity, the Court allowed the woman's plea and set aside the eviction order passed by the District Magistrate and the subsequent appellate order.

The Court clarified that it had not determined the property's title or the validity of the relinquishment deed, leaving those issues open for adjudication by the competent forum.

“Those disputed questions, are to be determined in appropriate civil proceedings. All such questions, pertaining the title to the property, the validity or legal effect of the relinquishment deed, or the rights of the parties in the pending matrimonial, civil or proceedings under the DV Act are left open to be determined by the competent forum in accordance with law,” the Court said.