The lady had filed a petition within the HC towards the tribunal order and claimed that this was only a ploy to get her out of the flat.(Consultant Picture)
A single bench of Justice Sandeep Marne stayed an order handed by a tribunal directing a lady and her estranged husband to vacate from the home of his aged dad and mom
The Bombay Excessive Courtroom on Wednesday stated whereas senior residents are entitled to reside in their very own residence with peace and with none disturbance, a lady can’t be ousted from her matrimonial home and rendered homeless solely to protect the peace of thoughts of her aged in-laws.
It additionally stated that the equipment underneath the Senior Residents Act can’t be used for the aim of defeating the rights of a lady, the Bombay Excessive Courtroom has stated refusing to evict a lady from her matrimonial residence.
A single bench of Justice Sandeep Marne stayed an order handed by a tribunal directing a lady and her estranged husband to vacate from the home of his aged dad and mom. The lady had filed a petition within the HC towards the tribunal order and claimed that this was only a ploy to get her out of the flat.
She had earlier filed an utility earlier than the household courtroom underneath the provisions of the Home Violence Act in search of safety from eviction from the shared family. The courtroom in its order of March 18 famous that the girl can’t be ousted from her matrimonial home and rendered homeless solely to protect the peace of thoughts of her aged in-laws.The bench famous that there is no such thing as a doubt that senior residents are entitled to reside in their very own home with peace and with none disturbance.
“However on the similar time, the equipment underneath the Senior Residents Act can’t be used for the aim of defeating the rights of a lady underneath the provisions of the Home Violence Act,” the HC stated.The courtroom stated when a contest is seen between the rights of senior residents underneath the Senior Residents Act and of a lady underneath the Home Violence Act, a balancing act must be performed and the rights of the senior citizen can’t be determined in isolation.
The courtroom famous that the girl has been residing within the stated flat since her marriage in October 1997.The senior citizen couple claimed that they had been subjected to harassment and torture by their son and daughter-in-law and therefore approached the tribunal in search of ouster of their son and daughter-in-law from the flat.
The excessive courtroom stated the tribunal earlier than ordering eviction should have thought of the truth that within the current case there are contesting claims.The excessive courtroom famous that the grievances made by the senior citizen couple couldn’t have been thought of in isolation and the petitioner lady should even be permitted to get her declare of residence in a shared family, not less than at interim stage.
”The petitioner (lady) can’t be rendered homeless to make sure peace of thoughts of the senior residents,” the excessive courtroom stated.The courtroom famous that the girl’s utility filed earlier than the household courtroom was presently pending and stated until the identical is set, the petitioner lady shall be permitted to remain within the flat.
The courtroom suspended the tribunal’s September 2023 order for a interval of six months.
