TMI Blog2020 (12) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Articles 14, 15 and 21 of the Constitution, Parliament enacted a legislation which would provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society . A significant object of the legislation is to provide for and recognize the rights of women to secure housing and to recognize the right of a woman to reside in a matrimonial home or a shared household, whether or not she has any title or right in the shared household. Allowing the Senior Citizens Act 2007 to have an overriding force and effect in all situations, irrespective of competing entitlements of a woman to a right in a shared household within the meaning of the PWDV Act 2005, would defeat the object and purpose which the Parliament sought to achieve in enacting the latter legislation. The law protecting the interest of senior citizens is intended to ensure that they are not left destitute, or at the mercy of their children or relatives. Equally, the purpose of the PWDV Act 2005 cannot be ignored by a sleight of statutory interpretation. Both sets of legislations have to be harmo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. - Civil Appeal No. 3822 of 2020 - - - Dated:- 15-12-2020 - JUDGEMENT Dr Dhananjaya Y Chandrachud, J Index A Background B Submissions C Legislative scheme: Senior Citizens Act 2007 D A woman s right of residence: safeguard against domestic violence E Harmonising competing reliefs under the PWDV Act 2005 and Senior Citizens Act 2007 F Summation A Background 1 The present dispute arises out of an application filed by the Second and Third respondents against the appellant, who is their daughter-in-law. The Second and Third respondents are the parents of the Fourth respondent, who is the estranged spouse of the appellant. The Second and Third respondents filed an application under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 1 , and inter alia, sought the appellant and her daughter s eviction from a residential house in North Bengaluru 2 . 2 The Assistant Commissioner, and the Deputy Commissioner in appeal, allowed the application under the Senior Citizens Act 2007 and directed the appellant to vacate the suit premises. Aggrieved by this order, the appellant unsuccessfully pursued a writ proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of the suit property. The suit is pending. On 5 December 2013, the petition for divorce was allowed by the Trial Judge and the marriage between the appellant and the Fourth respondent was dissolved. On 19 March 2014, the appellant instituted a proceeding 8 for maintenance. She also filed an appeal before the High Court of Karnataka 9 against the dissolution of her marriage by the Trial Judge. The proceedings for divorce and maintenance are also pending. 5 In 2015, the Third and Fourth respondents invoked the provisions of the Senior Citizens Act 2007 by instituting an application before the Assistant Commissioner, Bengaluru North Sub Division. Their son (the Fourth respondent) and the appellant were impleaded as respondents to the petition 10 . The reliefs sought were: (i) Eviction of the appellant from the suit premises where she was residing; (ii) A direction to the Fourth respondent to pay an amount of ₹ 15,000 to the parents by way of monthly maintenance; and (iii) A direction to the appellant and fourth respondent to pay an amount quantified at ₹ 25,000 towards legal expenses. The appellant filed an objection to the petition filed under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner in proceedings under Article 226 of the Constitution. The Single Judge of the Karnataka High Court, by a judgement dated 18 June 2019, held that the suit premises have been transferred by the Third respondent to his wife - the Second respondent - by a registered gift deed dated 19 July 2010. The Single Judge noted the contention of the Second and Third respondents that following a matrimonial dispute, their son (the Fourth respondent) had left the house after which the appellant had ousted them on 12 August 2010 and they are currently living in their native place . In light of the fact that the marriage between the appellant and Fourth respondent had been dissolved by the Trial Judge, the Single Judge held that the appellant had no right over the suit premises and her claim for maintenance could only by asserted against the Fourth respondent. Though, the appellant has specifically questioned the jurisdiction of the authorities under the Senior Citizens Act 2007 to order her eviction, the Single Judge did not address the submission. Aggrieved by the order of the Single Judge, the appellant challenged the order in a writ appeal. Once again, it was urged in the course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the Senior Citizens Act 2007 have been manipulated to defeat the rights of the appellant. The manner in which the premises were transferred by the spouse of the appellant to his father and the gift deed thereafter to mother-in-law of the appellant are indicative of an attempt to misuse the provisions of the Act, to defeat the claims of the appellant; and (vi) In asserting her right under Section 17 of the PWDV Act 2005, the appellant relies on the decision of this Court in Satish Chander Ahuja vs Sneha Ahuja 12 . In sum and substance, it has been urged that the authorities constituted under the Senior Citizens Act 2007 had no jurisdiction to order the eviction of the appellant. Moreover, the proceedings have been utilised to secure the eviction of the appellant so as to deny her claim of a right to reside in the shared household under the PWDV Act 2005. 10 On the other hand, while seeking to rebut the submissions of the appellant, Mr Rajesh Mahale, learned Counsel appearing on behalf of the Second and Third respondents submits that: (i) Both the Second respondent (who is 72 years old) and the Third respondent (who is 82 years old) are senior citizens; (ii) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nance; and (vii) Though the Senior Citizens Act 2007 does not contain an express provision enabling the Tribunal to pass eviction orders, the power has to be read within its jurisdiction by necessary implication. Such an interpretation, it has been urged, would be purposive, in order to effectuate the provisions of the Act. The contrary view would cause hardship to senior citizens who would be powerless, despite being forcibly dispossessed of their means of sustenance. Parliament has empowered the State governments to authorise local authorities to take remedial measures for protecting the life and property of senior citizens and it would be incorrect to limit the relief that can be granted by a Tribunal only to monetary relief. Relegating a senior citizen to a civil court for the recovery of their property would result in defeating the provisions of the Act. Hence, it has been urged that such an interpretation should not be adopted. C Legislative scheme: Senior Citizens Act 2007 12 The rival submissions will now be analysed. 13 Our analysis of the rival submissions must begin with explaining and interpreting the salient feature of the Senior Citizens Act 2007 which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication against a relative specified in Section 2(g). Section 4 recognises a corresponding obligation on the part of the children or relative to maintain a senior citizen, extending to such needs as would enable them to lead a normal life. In the case of a relative, the obligation is if they are in possession of the property of the senior citizen or would inherit property from them. Hence, in the case of the children of a senior citizen, the obligation to maintain a parent is not conditional on being in possession of property of the senior citizen or upon a right of future inheritance 16 . 15 The procedure to be followed by a Maintenance Tribunal (constituted under Section 7) is of a summary nature as provided in Section 8(1) and with all the powers of a Civil Court, as provided in Section 8(2) 17 . Under Sub-section (1) of Section 9, where a senior citizen is not able to maintain himself or herself and the children or relatives, as the case may be, neglect or refuse to maintain them, the Tribunal is empowered to order them to make a monthly allowance at such monthly rate for the maintenance of the senior citizen, as the Tribunal may deem fit 18 . The amount of the monthly all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is imposed. Then, at the option of the transferor, the transfer can be declared as void by the Tribunal. On the other hand, Sub-section (2) of Section 23 envisages a situation where a senior citizen has a right to receive maintenance out of an estate. Where such a right exists, the right of maintenance can be enforced where the estate or a portion of it, is transferred against a transferor who has notice of the right; or if the transfer is gratuitous. The right however cannot be enforced against a transferee for consideration and without notice of the right. Now, Sub-section (1) of Section 23 envisages a situation where the transfer of property is by the senior citizen. This is evident from the language of sub-Section (1) namely where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property . On the other hand, sub-Section (2) of Section 23 does not confine itself to a transfer by a senior citizen, unlike sub-Section (1). Sub-Section (2) uses the expression such estate or part thereof is transferred . Where a senior citizen has a right to receive maintenance out of the estate and any part of it is transferred, sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (2) of section 23 speaks of the enforcement of the right to receive maintenance which is more comprehensive in its nature, than merely enforcing an order for maintenance passed under Section 9 of the Act. 17 The substance of sub-Section (2) of section 23, as submitted by the Second and Third respondents, is that the Tribunal had the jurisdiction to pass an order directing the eviction of the appellant who is their daughter-in-law. According to the submission, the power to order eviction is implicit in the provision guaranteeing a right to receive maintenance out of an estate and the enforcement of that right. In supporting the submission, they have referred to the view which has been taken by several High Courts, indicating that the Tribunal may order the eviction of a child or a relative from the property of a senior citizen, where there has been a breach of the obligation to maintain the senior citizen. The Tribunal under the Senior Citizens Act 2007 may have the authority to order an eviction, if it is necessary and expedient to ensure the maintenance and protection of the senior citizen or parent. Eviction, in other words would be an incident of the enforcement of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household; (emphasis supplied) Section 19 20 contemplates the passing of a residence order by the Magistrate on an application under sub-Section (1) of Section 12 of the PWDV Act 2005. The essence of the submission of the appellant is that the order of eviction which has been made in the exercise of the summary powers entrusted by the Senior Citizens Act 2007 would completely displace the appellant from seeking recourse to her remedies under Section 12(1) read with Section 19 of the PWDV Act 2005 in respect of the premises, which she claims to be her shared household. The definition of the expression shared household in Section 2(s) uses the familiar legislative formula of a means and includes definition. Where the definition of an expression in an enactment adopts a means and includes stipulation, it is intended to be exhaustive. The means part of the definition indicates what would normally fall within the ambit of the expression, while the includes element gives it an extended meanin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vered by Justice Ashok Bhushan, in Satish Chandra Ahuja vs Sneha Ahuja 22 [Satish Chandra]. The definition of the expression shared household in Section 2(s) of the PWDV Act of 2005 is in two parts: in the means part of the definition the expression shared household means (i) A household where the person aggrieved lives in a domestic relationship either singly or along with the respondent or; (ii) At any stage has lived in a domestic relationship either singly or along with the respondent. This is followed by an inclusive element, so as to cover such a household (i) whether owned or tenanted either jointly by the aggrieved person and the respondent or (ii) owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title or equity. This has also been given an inclusive or extended meaning, which extends to a household which may belong to the joint family of which a respondent is a member, irrespective of whether the respondent or the aggrieved person have any right, title or interest in the shared household. The last part of the inclusive definition is intended to extend the mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice Ashok Bhushan noted: Section 2(s) read with Sections 17 and 19 of Act, 2005 grants an entitlement in favour of the woman of the right of residence under the shared household irrespective of her having any legal interest in the same or not. The expression respondent has been defined in section 2 (q) of the PWDV Act of 2005 in the following terms: (q) respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Noticing the above definition and the provisions of section 2(s), the Court in Satish Chandra held: 64 The definition of shared household as noticed in Section 2(s) does not indicate that a shared household shall be one which belongs to or taken on rent by the husband. We have noticed the definition of respondent under the Act. The respondent in a proceeding under Domestic Violence Act can be any relative of the husband. In [the] event, the shared household belongs to any relative of the husband with whom in a domestic relationship the woman has lived, the conditions mentioned in Section 2(s) are satisfied and the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bstante clause then in that case, the proper perspective would be that one has to see the subject and the dominant purpose for which the special enactment was made and in case the dominant purpose is covered by that contingencies, then notwithstanding that the Act might have come at a later point of time still the intention can be ascertained by looking to the objects and reasons. However, so far as the present case is concerned, it is more than clear that Section 9-A of the Act of 1992 was amended on 25-1-1994 whereas the Act of 1993 came in 1993. Therefore, the Act of 1992 as amended to include Section 9-A in 1994 being subsequent legislation will prevail and not the provisions of the Act of 1993. (emphasis supplied) This principle of statutory interpretation was also affirmed by a three-judge bench of this Court in Pioneer Urban Land and Infrastructure Ltd. v. Union of India 26 . In the present case, Section 36 of the PWDV Act 2005, albeit not in the nature of a non-obstante clause, has to be construed harmoniously with the non obstante clause in Section 3 of the Senior Citizens Act 2007 that operates in a separate field. 21 In this case, both pieces of legislation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate. (iv) It empowers the Magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. (v) It provides for appointment of Protection Officers and registration of non-governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc. The above extract indicates that a significant object of the legislation is to provide for and recognize the rights of women to secure housing and to recognize the right of a woman to reside in a matrimonial home or a shared household, whether or not she has any title or right in the shared household. Allowing the Senior Citizens Act 2007 to have an overriding force and effect in all situations, irrespective of competing entitlements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal constituted under the Senior Citizens Act 2007 to appropriately mould reliefs, after noticing the competing claims of the parties claiming under the PWDV Act 2005 and Senior Citizens Act 2007. Section 3 of the Senior Citizens Act, 2007 cannot be deployed to over-ride and nullify other protections in law, particularly that of a woman s right to a shared household under Section 17 of the PWDV Act 2005. In the event that the aggrieved woman obtains a relief from a Tribunal constituted under the Senior Citizens Act 2007, she shall duty-bound to inform the Magistrate under the PWDV Act 2005, as per Sub-section (3) of Section 26 of the PWDV Act 2005. This course of action would ensure that the common intent of the Senior Citizens Act 2007 and the PWDV Act 2005- of ensuring speedy relief to its protected groups who are both vulnerable members of the society, is effectively realized. Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization. 23 Adverting to the factual situation at hand, on construing the provisions of subSection (2) of section 23 of the Senior Citizen Act 2007, it is evident that it applies to a situ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons, we have come to the conclusion that the claim of the appellant that the premises constitute a shared household within the meaning of the PWDV Act 2005 would have to be determined by the appropriate forum. The claim cannot simply be obviated by evicting the appellant in exercise of the summary powers entrusted by the Senior Citizens Act 2007. The Second and Third Respondents are at liberty to make a subsequent application under Section 10 of the Senior Citizens Act 2007 for alteration of the maintenance allowance, before the appropriate forum. For the above reasons, while allowing the appeal, we issue the following directions: (i) The impugned judgment and order of the Division Bench of the High Court of Karnataka dated 17 September 2019 affirming the order of eviction against the appellant shall stand set aside with the consequence that the order of the Assistant Commissioner ordering and directing the appellant to vacate the suit premises shall stand set aside; (ii) We leave it open to the appellant to pursue her remedies under the PWDV Act 2005. For that purpose, it would be open to the appellant to seek the help of the District Legal Services Authorities and if th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strument having effect by virtue of any enactment other than this Act. 16 4. Maintenance of parents and senior citizens.-(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of- (i) parent or grand-parent, against one or more of his children not being a minor; (ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2. (2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life. (3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life. (4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such citizen or he would inherit the property of such senior citizen: Provided that where more than one relatives are entitled to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or (f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman. 21 Lexis Nexis, 14th Ed. Page 197-199 22 Civil Appeal No. 2483 of 2020, decided on 15 October 2020 23 36-Act not in derogation of any other law- The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force 24 Solidaire India Ltd. v. Fairgrowth Financial Services Ltd, (2001) 3 SCC 71 25 (2008) 8 SCC 148 26 (2019) 8 SCC 416 27 26. Relief in other suits and legal proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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