Senior Citizens Act -- Eviction Application to Defeat Domestic Violence Act Residence Order -- Not permissible
(i) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.4, S.5 -- Senior Citizens Act -- Eviction Application to Defeat Domestic Violence Act Residence Order -- Not permissible -- The summary eviction procedure under the Senior Citizens Act is not unfettered and cannot be invoked to circumvent a residence order granted by a competent court under the Protection of Women from Domestic Violence Act. The right of a woman to reside in a shared household cannot be defeated merely by securing an eviction order under the Senior Citizens Act, even where the applicant holds independent title to the property. (ii) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.4, S.5 -- Senior Citizens Act -- Proxy Petition to Frustrate Rights of Daughter-in-Law -- Amounts to abuse of process -- Proceedings under the Senior Citizens Act must be prosecuted with bona fide intention and object. Where an application is found to have been instituted at the behest of a third party to frustrate rights already secured by a competent court, it amounts to abuse of process and warrants dismissal with exemplary costs.
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