Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) - Fact that specific proceedings under the Protection of Women from Domestic Violence Act, 2005, had not been instituted when the application under the Senior Citizens Act, 2007 was filed, should not lead to a situation where the enforcement of an order of eviction deprives her from pursuing her claim of entitlement under the law - The inability of a woman to access judicial remedies may, be a consequence of destitution, ignorance or lack of resources - Recourse to the summary procedure contemplated by the Senior Citizen Act 2007 was not available for the purpose of facilitating strategies that are designed to defeat the claim of the appellant in respect of a shared household . 2020 SCeJ 2140 , (2021-1)201 PLR 117 (SC)

Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 26 Sub-section (3) - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) - In the event that the “aggrieved woman” obtains a relief from a Tribunal constituted under the Senior Citizens Act 2007, she shall duty-bound to inform the Magistrate under the Protection of Women from Domestic Violence Act, 2005, , as per Sub-section (3) of Section 26 of the Protection of Women from Domestic Violence Act, 2005, - This course of action would ensure that the common intent of the Senior Citizens Act, 2007 and the Protection of Women from Domestic Violence Act, 2005 of ensuring speedy relief to its protected groups who are both vulnerable members of the society, is effectively realized - Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization. 2020 SCeJ 2140 , (2021-1)201 PLR 117 (SC)

Facts:

Spouse of the appellant-wife purchased property it in his own name a few months before the marriage but subsequently sold it, after a few years, under a registered sale deed at the same price to his father (the father-in-law of the appellant), who in turn gifted it to his spouse i.e. the mother-in-law of the appellant after divorce proceedings were instituted by the Fourth respondent - Parallel to this, the appellant had instituted proceedings of dowry harassment against her mother-in-law and her estranged spouse; and her spouse had instituted divorce proceedings - Appellant had also filed proceedings for maintenance against the Fourth respondent and the divorce proceedings are pending - It is subsequent to these events, that the parents in laws instituted an application under the Senior Citizens Act 2007 - Proceedings under the Protection of Women from Domestic Violence Act, 2005, had not been instituted when the application under the Senior Citizens Act, 2007 was filed.