07/01/2026
No Eviction of Daughter-in-Law from Shared Household
The Hon’ble Supreme Court, in a landmark judgment, has clarified that a daughter-in-law cannot be evicted from the shared household of her in-laws merely on the basis of proceedings initiated under the Senior Citizens Act.
⚖️ Background
In certain cases, parents-in-law, sometimes in connivance with their son, file proceedings under the Senior Citizens Act, 2007 seeking eviction of the daughter-in-law from the property. The question before the Court in S. Vanitha v. Union of India was whether such eviction is permissible when the daughter-in-law is residing in the shared household.
📌 Harmonious Construction of Laws
The Court emphasized the need for a harmonious interpretation of both:
• The Protection of Women from Domestic Violence Act, 2005 (PWDV Act), and
• The Senior Citizens Act, 2007.
Section 26 of the PWDV Act specifically provides that its remedies are in addition to those available under other laws.
🏛️ Supreme Court’s Holding
The Hon’ble Supreme Court held:
“It would be appropriate for the Tribunal constituted under the Senior Citizens Act, 2007 to mould reliefs after considering the competing claims of parties under the PWDV Act.”
This means that while senior citizens have rights under the 2007 Act, those rights cannot override the protections granted to women under the 2005 Act.
✅ Conclusion
A daughter-in-law cannot be evicted from the shared household without due consideration of her rights under the PWDV Act, 2005, alongside the provisions of the Senior Citizens Act, 2007. The judgment ensures a balanced approach, protecting both senior citizens and women residing in matrimonial homes.
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