Supreme Court of India · 2020-12-15
S. VANITHA vs THE DEPUTY COMMISSIONER
- Citation / case number
- SC 2019/44892
- Court
- Supreme Court of India
- Petitioner
- S. VANITHA
- Respondent
- THE DEPUTY COMMISSIONER
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MS. JUSTICE INDU MALHOTRA, HON'BLE MS. JUSTICE INDIRA BANERJEE
Judgment text excerpt
The Supreme Court addressed the application filed under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, affirming the authority of the Assistant Commissioner and Deputy Commissioner to order eviction of the appellant from the residential premises owned by her mother-in-law. The Court held that the appellant's right to residence does not supersede the rights of senior citizens under the Act, and her remedy for maintenance lies against her estranged husband under the Hindu Marriage Act 1955. The Court dismissed the appellant's challenge under Article 136, upholding the lower courts' decisions.