Senior Citizens Act does not override Domestic Violence Act: Gujarat High Court

The Gujarat High Court recently held that Maintenance and Welfare of Parents and Senior Citizens Act of 2007 (Senior Citizens Act) will not override the Protection of Women from Domestic Violence Act of 2005 [Jagdeepbhai Chandulal Patel v. Reshma Ruchin Patel]..Justice Ashokkumar C Joshi, therefore, held that the right of a woman to secure a residence order for shared household under the Domestic Violence Act cannot be defeated by an eviction order under the summary procedure laid down by the Senior Citizens Act.“Allowing the Senior Citizens Act 2007 to have an overriding force and effect in all situations, irrespective of competing entitlements of a woman to a right in a shared household within the meaning of the Domestic Violence Act 2005, would defeat the object and purpose which the Parliament sought to achieve in enacting the latter legislation,” the Court held..The single-judge acknowledged that normally, the provisions of a later enactment prevail over the former, but this rule had exceptions. It was thus found that both Acts must be harmoniously construed..The petitioner in the present dispute was a senior citizen whose son was residing abroad. His daughter-in-law allegedly illegally trespassed his house, prompting him to reside at a different place. It was the petitioner’s contention that under the Senior Citizens Act, he was entitled to the house. He thus sought the respondent’s eviction..The respondent contended that since she was the daughter-in-law of the petitioner, she was entitled to a shared household in her matrimonial home, and could not be evicted from the same in light of the provisions of the Domestic Violence Act.The petitioner moved the High Court after the Family Court at Ahmedabad dismissed his injunction application..To reach a conclusion under the tricky situation when the Court was presented with two enactments that consisted of non-obstante clauses, Justice Joshi discussed a judgment of the Supreme Court that dealt with a similar issue.In S Vanitha v. Deputy Commissioner, Bengaluru Urban District, the top court had held that the right of a woman to secure a residence order in respect of a shared household could not be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act..Thus, concluding that the respondent had a right to the shared household under the Domestic Violence Act, the petition was dismissed..Senior Advocate Yatin Oza and Advocate Shashvata U Shukla appeared for the petitioner.The respondents were represented by Advocates Jamshed Kavina, Vishal P Thakker, Pareshkumar M Vadher and Pradeep K Thakker..[Read Judgment]