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The Delhi High Court on Friday reiterated that senior citizens are entitled to live peacefully and with dignity in their own property, even when disputes arise within the family.
Upholding a trial court's decision, the Division Bench dismissed an appeal challenging the eviction of a daughter-in-law from her in-laws' self-acquired home while ensuring her right to alternate accommodation under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). The court observed that the right of residence available to women under the PWDV Act is "a right of occupation, not of ownership." It cannot override the right of senior citizens to live without distress in their own home. "The law must operate in a manner that preserves both safety and serenity," the Bench remarked, stressing that both sets of rights, the woman's right to residence and the parents-in-law's right to dignity, must be harmoniously balanced. The Bench noted that the property in question was a single dwelling unit with a common kitchen and staircase, making separate living arrangements within the same premises impractical. It further recorded that the elderly homeowners had offered to provide independent alternative accommodation for the appellant, with rent of up to 65,000 per month and all associated costs, such as maintenance, electricity, water, and a security deposit, to be borne by them. Observing that such an arrangement safeguards the daughter-in-law's statutory protection while restoring peace to the senior citizens' home, the Court said, "Where both sets of rights intersect, the Court must strike a delicate balance so that neither party's dignity nor security is compromised. Dismissing the appeal, the High Court directed that the alternate accommodation, a two-bedroom flat in a comparable locality, be identified within four weeks. The appellant has been asked to vacate the disputed premises within two weeks thereafter. The judgement states that while the PWDV Act protects women from destitution, it does not grant a perpetual right to reside in a particular property, especially when the owners are senior citizens seeking to live in peace during the later years of their life. (ANI)
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