A senior citizen couple filed an application under the provision of the Senior Citizen Act 2007, seeking the eviction of their daughter-in-law and granddaughter from a residential house before the Assistant Commissioner of Karnataka.
The application filed by the couple was allowed. The aggrieved party filed an appeal before the deputy commissioner, the same is allowed and the authority directed the appellant to vacate the premises. The appellant then filed a writ petition under article 226 of the Indian constitution before the division of single bench. The Division Bench of the High court held that the premises belonged to the mother-in-law and remedy for maintenance and shelter of a wife lies to the husband and property belonged to husband. The appellant challenges the jurisdiction of the authority under the senior citizen Act, 2007, the appellant moved this court under article 136 of the Indian constitution.
FACTS
The appellant and fourth respondent were married in may 2002, after sometime dispute arise between the parties and the wife alleges that her husband harassed her for dowry and compelled her to file a suit for partition against her father . Later on, she withdrew the suit after her husband alleged to desert her to be in a relationship with another woman. The husband of the appellant filed a divorce petition under section 13(1)(ia) of the Hindu marriage Act 1956. The subject matter in dispute was purchased by the husband before the marriage and the appellant contented that her father financed a portion to that property.
After four year the husband of the appellant sold the property to his father with same price he purchased, and the father of the husband constructed the house and gifted the same to his wife. The mother-in-law in 2010 filed a suit for permanent injunction against her daughter –in-law restraining her from interfering in the possession of the property. The proceeding is pending. On the other hand petition filed by the husband was allowed. The wife had filed an appeal against the decree of dissolution of marriage and simultaneously filed application for maintenance.
In 2016 the couple filed an application before the assistant commissioner of Bengaluru under the provisions of Senior Citizens Act 2007, claiming the eviction of the appellant from the premises, an amount of Rs.15,000/- as maintenance from their son and an amount of 25,000 as the legal expenses occurred. The appellant on the application contented that allegations are malicious it was the common intentions of all the respondents to evict her from her matrimonial house. She further objected upon the jurisdiction and contented that the act provided for the maintenance to the senior citizens or parents but not provided for any provisions for eviction. On this the assistant commissioner held that the property is the self acquired property of the respondent no. 3 and directed her to vacate premises and as for maintenance it only the obligation upon the husband and directed the husband to pay Rs. 10,000 as monthly maintenance to his parents. As for divorce proceeding appellant filed an appeal before the high court under section 28 of HMA. The high court allowed the appeal and set aside the order of trial court and ordered for fresh proceeding.
Held
The court concluded that that the claim of appellant that the premises constituted a shared household within the meaning of PWDC Act, 2005 would have to be determined by the appropriate forum. The claim cannot simplify be obviated by evicting the appellant in exercise of the summary power exercised by senior citizen Act 2007. The respondent number 2 and 3 are free to file application under section 10 of the senior citizen act for alteration in maintenance allowances. The high court order of eviction has set aside and the appellant is leave to pursue her remedy and there shall be an order and direction restraining the respondents from forcibly disposes the appellant from the premises or creates any interest or title in favor of any third party. The Supreme Court allowed the appeal and entitled the appellant to quantify at Rs.25000 from the respondents.