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Under senior citizen act can court or SDO only remove wife from matrim


12-Dec-2025 (In Civil Law)
Under senior citizen act can court or SDO only remove wife from matrimonial home if she is harrasing senior citizen in laws
Answers (3)

Answer #1
845 votes
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the SDO/DM (Maintenance Tribunal) has jurisdiction to pass orders for protection of senior citizens, including eviction of a person from the property, if it is proved that such person is harassing, ill-treating, or causing mental/physical cruelty to senior citizen parents-in-law. However, the Tribunal cannot mechanically evict a legally wedded wife from a shared household.
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Answer #2
592 votes
Yes, but only in limited circumstances. Under the Senior Citizens Act, an SDO/Tribunal or Court can direct removal of a wife from the matrimonial home only if the property exclusively belongs to the senior citizen in-laws and serious harassment is proved, after hearing both sides. The Act cannot override the wife’s legal right of residence, especially if the house is joint family property or covered under the Domestic Violence Act.
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Advocate Tanveer Ansari

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Answer #3
991 votes
Under the Senior Citizens Act, the Tribunal/SDO can pass eviction or restraint orders if harassment of senior citizens is proved. However, wife’s right to residence is considered, and removal is not automatic; facts and ownership matter.
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Advocate Pankaj Bajaj

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