Senior Citizens Act--Daughter-in-Law Eviction--Right of Residence Under DV Act Does Not Extend to Insisting Upon Occupation of Property Owned Exclusively by In-Laws Where Alternate Accommodation Is Offered
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a daughter-in-law found guilty of ill-treating senior citizens cannot insist on continued occupation of their property, even invoking the Protection of Women from Domestic Violence Act, 2005. The right to residence under the DV Act is a right to secure accommodation, not a right to occupy a specific property belonging exclusively to in-laws. Where reasonable alternate accommodation is offered, eviction is justified. Competing rights under both statutes must be harmonised, not allowed to defeat the object of the Senior Citizens Act.
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