Senior Citizen Act, 2007 shall not have an overriding effect on provisions laid under PWDV Act, 2005: Allahabad High Court.

The provisions laid down in the senior citizens’ Act, 2007 must be harmoniously construed with the provisions laid under PWDV Act, 2005 as both of them are enacted by the Parliament as social legislation and to protect a specific section of the society. If one is given overriding effect over another then it shall defeat the purpose of the latter. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Vivek Chaudhary in the matter of Smt. Khushboo Shukla vs – District Magistrate, Lucknow & Ors.[MISC. SINGLE No. – 16212 of 2021].

The facts of the case were that the petitioner was married to the son of the respondents. After marriage, the petitioner and her husband started living separately on the ground floor of the house at Gomti Nagar, Lucknow. On 21.07.2015, a son Shikhar Salil Shukla was born out of wedlock. Husband of petitioner Sri Gaurva Shukla expired on 15.07.2019 leaving behind his minor son, wife, and his parents. Petitioner alleges that after the death of her husband, her in-laws started harassing her for dowry for which she lodged a criminal complaint. Meanwhile, her in-law also filed a case under the senior citizen Act, 2007 in which the SubDivisional Magistrate, Sadar, Lucknow passed an order directing the eviction of the petitioner within 15 days. Thus the current appeal was preferred by the petitioner.

The Hon’ble High Court stated that they were of the view that both the statutes (Senior Citizen Act, 2007 & PWDV, 2005) are enacted for social purpose and both of them must be harmoniously construed. Further, the Hon’ble High Court referred to the judgment held by the Hon’ble Supreme Court in the case of S. Vanitha vs. Deputy Commissioner, Bengaluru Urban District and Other[2020 SCC OnLine SC 1023] and stated that “From the aforesaid judgment of the Supreme Court, it stands settled that both the Acts i.e. Senior Citizens, Act, 2007 and PWDV Act, 2005 are to be read simultaneously and a wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007. In the present case, the Sub-Divisional Magistrate, Sadar, Lucknow has passed the order in violation of the law settled by the Supreme Court by directing eviction of the petitioner under the provisions of Senior Citizens Act, 2007.

Finally, the Hon’ble High court allowed the appeal by that the impugned order dated 14.07.2021 cannot stand and is set aside further the respondent is to hand over the possession of the ground floor of the House No.3/347, Vishal Khand, Gomti Nagar, Lucknow to the petitioner and her son forthwith.

Click here to read the judgment.

Judgment Reviewed by: Rohan Kumar Thakur

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