Court Rules Statutory Provisions Cannot Be Misused to Settle Matrimonial or Property Disputes; Appeal by Senior Citizen to Evict Daughter-in-Law Dismissed
In a significant judgment dated September 7, 2026, the Punjab and Haryana High Court (Division Bench) in the case of Anuradha Bansal v. District Magistrate and others, has reinforced the proper scope and objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court dismissed a Letters Patent Appeal filed by a senior citizen seeking eviction of her daughter-in-law from a residential property, emphasizing that the provisions of the Act cannot be exploited to resolve matrimonial or property disputes.
The appellant, Anuradha Bansal, had filed a writ petition invoking the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to evict her daughter-in-law (respondent No. 3) from her residential premises. The property was inherited equally by the appellant and her two sons after the demise of her husband. The appellant contended that her sons, residing in the property, paid rent to her and claimed that the daughter-in-law did not have any independent right to reside there. She alleged harassment by the daughter-in-law and sought eviction on the grounds of non-payment of rent by her son.
However, the learned Single Judge of the Punjab and Haryana High Court had earlier dismissed the eviction petition, holding that the Act's provisions are designed to uphold the obligation of children and relatives to provide for senior citizens, and cannot be misused to settle personal or property disputes or to evict estranged family members who have lawful rights in the shared household. The Court took note of a pending application filed by the daughter-in-law under the Act, which indicated ongoing matrimonial discord. It was also observed that the appellant had not raised the issue of rent payment before the Maintenance Tribunal, nor substantiated it before the Court.
Relying on the precedent set by the Supreme Court in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District (2021) 15 SCC 730, the Division Bench reiterated that estranged daughters-in-law have a legal right to reside in the shared household and cannot be evicted under the guise of the Maintenance and Welfare of Parents and Senior Citizens Act.
The Court further noted that the appellant's selective action against her younger son and daughter-in-law, while not initiating any proceedings against the elder son who also inherited the property, suggested the misuse of the statutory provisions for purposes other than those intended by the Act.
Rejecting the appeal, the Division Bench found no error, illegality, or perversity in the Single Judge's order and emphasized that intra-court appeals are not the forum to re-examine such findings unless there is manifest illegality. While the Court acknowledged the advanced age of the appellant and refrained from imposing heavy costs, it firmly dismissed the appeal.
This judgment serves as a vital reminder that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is a protective statute meant to secure the welfare of senior citizens, and its provisions cannot be twisted for personal vendettas or property disputes. It safeguards the rights of estranged family members, such as daughters-in-law, ensuring they are not arbitrarily evicted from shared households.
Bottom Line:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Provisions of the Act cannot be misused to adjudicate matrimonial or property disputes or evict estranged family members who possess lawful rights in the shared household.
Statutory provision(s):
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Anuradha Bansal v. District Magistrate, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2974642
