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Supreme Court of India 2020-12-15 allowed

S. Vanitha vs Deputy Commissioner, Bengaluru Urban District & Ors

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

A daughter-in-law challenged her eviction from a residential property ordered under the Senior Citizens Act, 2007 by her in-laws, who were senior citizens. The Supreme Court held that while a Tribunal under the Senior Citizens Act can order eviction as an incident of protecting senior citizens, it cannot do so when a woman claims rights in a "shared household" under the Protection of Women from Domestic Violence Act, 2005. Both statutes serve salutary purposes and must be harmoniously interpreted. The Court set aside the eviction order and directed the in-laws to refrain from dispossessing the appellant for one year, enabling her to pursue remedies under the domestic violence law.

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Family Law Domestic Violence Senior Citizens Property Law Women's Rights Matrimonial Disputes Civil Procedure

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