The Gujarat High Court has observed how a woman, with her husband’s help, abused the Domestic Violence (DV) Act’s provisions to keep him from being evicted from the home after her father-in-law received a senior citizens maintenance tribunal order to do so.
A nonagenarian in the Maninagar area filed a maintenance petition with the maintenance tribunal in May 2019 under the terms of the Maintenance and Welfare of Parents and Senior Citizens Act, frustrated with his son’s mischievous behaviour, The Times of India reported.
In November 2019, the son was given an order by the tribunal to leave the house. The report added that his daughter-in-law filed a lawsuit against him and her husband under the Protection of Women from Domestic Violence Act three months after the old man demanded that his son leave the house. She claimed that she was entitled to remain in her marital home.
A metropolitan court ruled in 2022 that the woman would not be forced to leave the home.
However, the woman had also contested the maintenance tribunal’s decision to have her husband removed. While the DV Act gave her the right to remain in the house, the husband received no relief.
The elderly man has filed an appeal, alleging that his son and daughter-in-law conspired to file the DV complaint to challenge the maintenance tribunal’s ruling. He cited the three FIRs accusing him of assault and harassment.
The son has never contested the eviction order against him.
The bench noted that the daughter-in-law filed the petition as a cover to avoid the strictures of the maintenance tribunal’s November 2019 ruling. The Gujarat High Court stated that the device was created by the appellant’s son in order to obtain a stay order in the contested house based on a Domestic Violence Act order found in the complaint.
The court observed that the father and the son had a fractious relationship. The son continued to ill-treat the father. The daughter-in-law, the court noted, chose to be a spectator.
“The filing of the proceedings under DV Act against her husband was an effort to stall the proceedings under the Senior Citizens Act,” the national daily published the court’s statement.
The HC, meanwhile, has permitted the husband’s eviction from the house.
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