Case Note & Summary
The petitioner, Ritika Prashant Jasani, filed a writ petition challenging the order dated 15.12.2020 passed by the Deputy District Collector, Mumbai City, acting as the Presiding Officer of the Tribunal for Maintenance and Welfare of Parents and Senior Citizens. The Tribunal directed the petitioner to vacate the flat bearing No.81A, Acropolis, 3 Little Gibbs Road, Malabar Hill, Mumbai, which was owned by her mother-in-law, respondent No.1 Anjana Niranjan Jasani. The petitioner, along with her husband Prashant Jasani and minor daughter Samaira, had been residing in the flat since her marriage. The flat originally belonged to Anandlal Jasani, who during his lifetime made a nomination granting twenty percent share to Prashant Jasani. After Anandlal's death in 2007, his son Niranjan Anandlal Jasani (petitioner's father-in-law), Anjana Jasani (respondent No.1), and Prashant Jasani became entitled to equal shares. Niranjan died intestate in 2016. The petitioner claimed the flat as her matrimonial home and shared household. Respondent No.1, aged 62, filed an application before the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking eviction of the petitioner on grounds of harassment and to secure her own maintenance and welfare. The Tribunal allowed the application, directing the petitioner to vacate within three months. The petitioner challenged this order, arguing that she had a right of residence under the Protection of Women from Domestic Violence Act, 2005, and that the Tribunal lacked jurisdiction to evict her. The High Court dismissed the petition, holding that the Tribunal under the Senior Citizens Act has the power to order eviction to ensure the maintenance and welfare of a senior citizen. The court distinguished the Domestic Violence Act, noting that the definition of 'shared household' under Section 2(s) does not include property owned by the mother-in-law where the daughter-in-law has no right, title or interest. The court emphasized that the right of a senior citizen to reside in and enjoy her property prevails over the daughter-in-law's claim of matrimonial home. The court also noted that the petitioner had alternative remedies available under the Domestic Violence Act, but that did not bar the Tribunal's jurisdiction. The petition was dismissed with no order as to costs.
Headnote
A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 4 - Maintenance of Senior Citizens - The Tribunal under the Act has the power to order eviction of a daughter-in-law from the premises owned by the senior citizen mother-in-law to ensure the maintenance and welfare of the senior citizen. The right of a senior citizen to reside in and enjoy her property prevails over the daughter-in-law's claim of matrimonial home under the Domestic Violence Act. (Paras 3-23) B) Protection of Women from Domestic Violence Act, 2005 - Section 2(s), Section 17, Section 19 - Right of Residence in Shared Household - The definition of 'shared household' under Section 2(s) of the Domestic Violence Act does not include a property owned by the mother-in-law where the daughter-in-law has no right, title or interest. The daughter-in-law cannot claim a right of residence in such property against the will of the senior citizen owner. (Paras 17-23) C) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 23 - Transfer of Property to be Void - Any transfer of property by a senior citizen after the commencement of the Act, if made with a view to defeat the rights of the senior citizen, is void. The Tribunal can set aside such transfers. However, in this case, the issue of transfer was not directly involved. (Para 14) D) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 2(d) - Definition of 'Maintenance' - Maintenance includes provision for food, clothing, residence, medical attendance and treatment. The Tribunal can pass orders to secure the residence of the senior citizen, including eviction of others. (Para 12) E) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 2(f) - Definition of 'Senior Citizen' - A person who is a citizen of India and has attained the age of sixty years or above. Respondent No.1, being 62 years old, qualifies as a senior citizen. (Para 4)
Issue of Consideration
Whether the order passed by the Deputy District Collector as Presiding Officer of the Tribunal for Maintenance and Welfare of Parents and Senior Citizens directing the petitioner (daughter-in-law) to vacate the flat is legal and valid, and whether the petitioner can claim right of residence in the flat as her matrimonial home under the Protection of Women from Domestic Violence Act, 2005.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Deputy District Collector dated 15.12.2020 directing the petitioner to vacate the flat. No order as to costs.
Law Points
- Maintenance and Welfare of Parents and Senior Citizens Act
- 2007
- Section 4
- Section 23
- Section 2(d)
- Section 2(f)
- Senior citizen rights
- Eviction of daughter-in-law
- Matrimonial home
- Shared household
- Protection of Women from Domestic Violence Act
- 2005
- Section 2(s)
- Section 17
- Section 19
- Right of residence
- Transfer of property
- Void transfer
- Maintenance Tribunal jurisdiction
