Balancing Acts

In an unusual but significant judgment, a bench of the apex court examined a case, which involved the definition and reach of two significant pieces of legislation, and took the more progressive view

A SHOT IN THE ARM

The order will protect wives fighting cases in courts against in-laws and save them from being thrown out of their husbands’ homes

IN a landmark case, the Supreme Court held last week that the right of a wife to a shared household under the Protection of Women from Domestic Violence (PWDV) Act, 2005, will prevail against a decree obtained by her aged in-laws under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. A division bench of Justices DY Chandra chud, Indu Malhotra and Indira Baner jee passed the path-breaking judgment while hearing a civil appeal filed by S Vanitha against the eviction process by her aged in-laws.

The PWDV Act seeks to protect wives facing domestic violence while the Senior Citizens Act was enacted to protect senior citizens by providing a speedy and inexpensive remedy to secure their interests at an advanced stage of life.

The bench analysed both the laws and found that Section 3 of the Senior Citizens Act had an overriding effect over any other law. It was this argument that the aged parents of the husband of the petitioner used to obtain an eviction order against their daughter-in-law from their Bengaluru home. The Karna taka High Court upheld the order of eviction and she had challenged the order in the Supreme Court.

A three-judge bench of the Supreme Court ruled that Section 3 of the Senior Citizens Act can’t override a woman’s right to a shared household under Section 17 of the PWDV Act, 2005.