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december 2020

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.

S. VANITHA vs THE DEPUTY COMMISSIONER · Niyam