Court holds that rights under Senior Citizens Act and Protection of Women from Domestic Violence Act must be harmoniously construed; eviction order set aside due to disputed ownership and ongoing matrimonial litigation.
In a significant ruling delivered on September 28, 2026, the Delhi High Court, presided over by Justice Amit Mahajan, set aside an eviction order passed against Jyoti, the daughter-in-law of a senior citizen, by the District Magistrate (West) and the Appellate Authority, Divisional Commissioner. The eviction was initiated by Jyoti's mother-in-law, Sneh Lata Bhatia, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The case arose from a dispute over the residence at property No. D-7, Block-D, Hari Nagar, New Delhi, which Jyoti claimed as her shared matrimonial household with her husband Amit Kumar and their minor son Aryaman. After the death of her father-in-law in 2018, a registered relinquishment deed executed by Jyoti's husband and his brother allegedly transferred their shares of the property to their mother, Sneh Lata Bhatia. Acting on this, the mother-in-law sought eviction of Jyoti and her son, which was allowed by the District Magistrate in March 2025 and later upheld by the Divisional Commissioner in September 2025.
Challenging the eviction, Jyoti contended that the right of residence granted under the Protection of Women from Domestic Violence Act, 2005 ("DV Act") could not be overridden by a summary eviction under the Senior Citizens Act, particularly when the ownership was disputed and civil and matrimonial proceedings were pending. She emphasized that the property was an ancestral one, and that her residence was protected as a shared household under the DV Act. Further, the presence of her minor son in the household strengthened her claim.
The Court agreed with Jyoti's submissions, emphasizing that the rights under the Senior Citizens Act and the DV Act must be harmoniously construed, and one statutory right cannot eclipse the other. The Court referred to the Supreme Court judgment in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District (2021), which held that the right of a woman to reside in a matrimonial home or shared household is protected irrespective of ownership disputes and cannot be defeated by summary eviction proceedings under the Senior Citizens Act.
The Court noted that the eviction orders had been passed primarily on the basis of alleged exclusive ownership by the mother-in-law, relying heavily on the relinquishment deed executed by the sons. However, the validity and effect of this deed were disputed, and no civil court had adjudicated the title or ownership issues. The Court further observed that an earlier order by the Mahila Court had recognized the property as a shared household and restrained the in-laws from dispossessing Jyoti.
Highlighting the ongoing matrimonial disputes, including divorce, guardianship, maintenance, and domestic violence proceedings, the Court held that the eviction order was premature and overlooked the petitioner's statutory right of residence, especially considering the minor child's interest. The Court clarified that this judgment does not determine property title or the validity of the relinquishment deed, which are to be decided by appropriate civil or matrimonial forums.
The Court thus allowed Jyoti's writ petition, setting aside the eviction order and the appellate order, and directed maintenance of the status quo. It underscored the need to protect the dignity and peaceful living of senior citizens without undermining the rights of women and minor children to secure residence in their shared household.
This ruling reinforces the principle that eviction of a daughter-in-law from a matrimonial home cannot be summarily ordered solely on disputed ownership claims, especially when her right of residence is protected by law and disputed issues are pending before competent courts.
Bottom Line:
Senior Citizens Act, 2007 and Protection of Women from Domestic Violence Act, 2005 must be harmoniously construed - Daughter-in-law's right of residence in shared household cannot be defeated merely by eviction proceedings initiated by senior citizen mother-in-law on basis of exclusive ownership/relinquishment deed, especially when title and validity of deed are disputed and civil/matrimonial proceedings are pending.
Statutory provision(s):
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Protection of Women from Domestic Violence Act, 2005, Constitution of India (Articles 226/227)
Jyoti v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2990513
