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As per case facts, the petitioner, daughter-in-law, was ordered to be evicted from her matrimonial house owned by respondent mother-in-law. The mother-in-law, suffering from advanced cancer, sought eviction under the
...Senior Citizens Act, alleging the daughter-in-law illegally occupied the house and her son, the petitioner's husband, was absconding. The petitioner contended that the house's first floor was declared a 'shared household' under the Domestic Violence Act and that the eviction proceedings were sponsored by her estranged husband, who has failed to provide maintenance. The question arose whether summary eviction powers under the Senior Citizens Act could override a woman's right to reside in a 'shared household' under the DV Act. Finally, the High Court set aside the eviction order, acknowledging the petitioner's right to residence in the first floor as a shared household. Balancing both parties' rights, the court directed the petitioner to shift to the first floor, allowing the ailing mother-in-law to reside on the ground floor, and ordered police to trace the absconding husband.
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