Research on laws related to domestic violence
Under Parents and Senior Citizens Act, is it necessary to find out whether
property belongs to parent exclusively or is a shared household in which
daughter-in-law has rights?
The Division Bench of Ujjal Bhuyan and Madhav J. Jamdar, JJ., while explaining the
provisions under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also
elaborated upon the concept of shared household and remanded the matter back to the
Tribunal for Maintenance and Welfare of Parents and Senior Citizens.
In the present matter, the legality and validity of the order passed by the Deputy District
Collector, acting as the Presiding Officer of the Tribunal for Maintenance and Welfare of
Parents and Senior Citizens as challenged.
Section 3 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, he
submitted that the said Act has an overriding and as provided in the said section, the
provisions of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act, or in any instrument having effect by virtue
of any enactment other than this Act. Accordingly, in his submission, the said Act has
overriding effect upon the/Protection of Women from Domestic Violence Act, 2005 also.
"In exercise of its power of superintendence, High Court cannot interfere to correct mere
errors of law or fact or just because another view than the one taken by the tribunals or
Courts subordinate to it, is a possible view. In other words the jurisdiction has to be
very sparingly exercised."
The Court referred tothe Supreme Court said,/S. Vanitha Vs. The Deputy Commissioner,
Bengaluru Urban District, 2020 Latest Caselaw 663 SC normally, the provisions in/Senior
Citizens Act 2007 would prevail but/there is some exception to this rule as held by the Apex
Court under its plenary powers under/Article 142 of the Constitution of India in the aforesaid
decision that the significant object of the/Domestic Violence Act/is to provide for and
recognize the rights of women to secure housing and to recognize the right of a woman to
reside in a matrimonial home or a shared household, whether or not she has any title or right
in the shared household.
Munni Devi Alias Nathi Devi (Dead) Thr Lrs. & Ors. Vs. Rajendra Alias Lallu Lal
(Dead) Thr Lrs. & Ors
Facts- The original plaintiff Daulalji filed the suit seeking possession of the suit property
alongwith the mesne profits, against the original defendant Bhonri Devi, widow of Late Shri
Dhannalalji and against the other defendants, who were the tenants in the suit property.
The plaintiff Daulalji claimed that after the death of Harinarayanji, he being the only male
member in the family as well as the legatee under the Will of Harinarayanji, had become the
sole owner of the suit property and, therefore, was entitled to recover the possession of the
suit property from the defendant No.1 Bhonri Devi, who had no legal right or interest in the
suit property.
The defendant filed written statement contending that she being the wife of Dhannalalji and
daughter-in-law of Ganeshnarayanji, and thus, was in possession of the suit property as an
owner and was maintaining herself from the income derived from the suit property. It was
also contended that the limited right vested in her favour in the suit property, had enlarged
