Eviction of D-I-L under Sr Citz Act for harassing threatening inlaws
22-Dec-2023 (In Family Law)
House the sole self acquired property of mother in law, a SR CTZ. D-I-L, after 7 yrs of marriage starts living in matrimonial house along with husband. Incompatibility between the couple leads to filing of divorce by son. Couple has no issue. Both nearing 40 yrs age. D-I-L and her parents had filed complaints in PS for hrsmt, mental cruelty, physical violence, dowry demand etc. because she was prevented from entering house. The couple and the in-laws are all doctors. The D-I-L requests dept for transfer outside present place of living citing harassment by in laws for dowry etc. Orders of transfer issued but she asks and gets extension to stay saying she is a 'destitute'. Getting a transfer as life in danger and still stays in in-law house. Creating havoc and tensions in the house. Due to the absence of the DM, submission of petition for eviction delayed. Life made Hell for Sr. Ctzs. Uses all facilities and food material etc of in laws. No financial contrb.
need to file a petition by the sr. citizen for her ejection from the house before the civil court. issue notice to her before filing the petition terminating her posession the property as a licensee. due to recent judgement of Supreme court, it may be difficult to evict her under sr. citizen act being in conflict with DV act. sr. citizen can also file petition under DV ACT besides the above said petition.
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