Woman can't be ousted from matrimonial house only to preserve elderly in-laws' peace of mind: Bombay HC

Mumbai: The Bombay High Court on Wednesday said while senior citizens are entitled to reside in their own residence with peace and without any disturbance, a woman cannot be ousted from her matrimonial house and rendered homeless only to preserve the peace of mind of her elderly in-laws.

It also said that the machinery under the Senior Citizens Act cannot be used for the purpose of defeating the rights of a woman, the Bombay High Court has said refusing to evict a woman from her matrimonial home.

A single bench of Justice Sandeep Marne stayed an order passed by a tribunal directing a woman and her estranged husband to vacate from the house of his elderly parents.

The woman had filed a petition in the HC against the tribunal order and claimed that this was just a ploy to get her out of the flat.

She had earlier filed an application before the family court under the provisions of the Domestic Violence Act seeking protection from eviction from the shared household.

The court in its order of March 18 noted that the woman cannot be ousted from her matrimonial house and rendered homeless only to preserve the peace of mind of her elderly in-laws.

The bench noted that there is no doubt that senior citizens are entitled to reside in their own house with peace and without any disturbance.

"But at the same time, the machinery under the Senior Citizens Act cannot be used for the purpose of defeating the rights of a woman under the provisions of the Domestic Violence Act," the HC said.

The court said when a contest is noticed between the rights of senior citizens under the Senior Citizens Act and of a woman under the Domestic Violence Act, a balancing act needs to be done and the rights of the senior citizen cannot be decided in isolation.

The court noted that the woman has been residing in the said flat since her marriage in October 1997.

The senior citizen couple claimed that they were subjected to harassment and torture by their son and daughter-in-law and hence approached the tribunal seeking ouster of their son and daughter-in-law from the flat.

The high court said the tribunal before ordering eviction ought to have considered the fact that in the present case there are contesting claims.

The high court noted that the grievances made by the senior citizen couple could not have been considered in isolation and the petitioner woman must also be permitted to get her claim of residence in a shared household, at least at interim stage.

"The petitioner (woman) cannot be rendered homeless to ensure peace of mind of the senior citizens," the high court said.

The court noted that the woman's application filed before the family court was presently pending and said till the same is decided, the petitioner woman shall be permitted to stay in the flat.

The court suspended the tribunal's September 2023 order for a period of six months.