Protection of Women from Domestic Violence Act, 2005 (43 of 2005) 

Section 26

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) - 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

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