NDLI: Smt. S. Vanitha Vs. The Deputy Commissioner, Bengaluru Urban District & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2(b) and 3 Petition under the Act Maintenance and Welfare of Parents and Senior Citizens Act 2007
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Protection of Women from Domestic Violence Act, 2005 (43 of 2005) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Maintenance and Welfare of Parents and Senior Citizens Act,2007:2(b) and 3 – Petition under the Act – By respondent Nos. 2and 3 seeking eviction of their daughter-in-law (appellant) fromtheir house – Plea of appellant that she had been living in the houseas her matrimonial residence and that her husband (respondentNo. 4) had deserted her and their daughter – The authoritiesconcerned directed the appellant to vacate the house – Writ Petition– Single Judge of High Court held that the appellant had no causeof action against respondent Nos. 2 and 3 as they owned the houseand that her right to claim shelter lied only against her husband –Division Bench of High Court affirmed the judgment of Single Judge– Appeal to Supreme Court – Held: The premises in questionconstitute a ‘shared household’ within meaning of s. 2(s) ofProtection of Women from Domestic Violence Act, 2005 – Object of2005 Act is to recognize right of woman to reside in a sharedhousehold – Both pieces of legislation are intended to deal withsalutary aspects of public welfare and interest – Both the Acts arespecial Acts – Both sets of legislations have to be harmoniouslyconstrued – The right of a woman to secure a residence order for ashared household under the 2005 Act cannot be defeated bysecuring an order of eviction under the 2007 Act. The over-ridingeffect for the remedies sought under 2007 Act cannot preclude allother competing remedies under 2005 Act – It would be appropriatefor a Tribunal u/s. 2007 Act to grant such remedies of maintenanceas envisaged u/s 2(b) of 2007 Act that do not result in obviatingcompeting remedies under other statutes – The Tribunal under 2007Act should appropriately mould reliefs after noticing competingclaims of the parties claiming under 2005 and 2007 Acts – Theaggrieved woman after obtaining a relief for shared household fromthe Tribunal constituted under 2007 Act, is duty bound to informthe Magistrate under 2005 Act as per s.26(3) of 2005 Act – Thiscourse of action would ensure speedy relief to both the groups –Protection of Women from Domestic Violence Act, 2005 – ss. 2(s),17, 26(3) and 36.Interpretation of statutes:Two special Acts – Prevailing effect – Held: Where both theActs contain non-obstante clauses, later Act will prevail – However,in the event of conflict between the Special Acts the dominantpurpose of both the statutes have to be analysed to ascertain whichone would prevail over the other – The primary effort of theinterpreter must be to harmonize, not excise.Definition clause – Interpretation of – Held: Where thedefinition of an expression adopts ‘means and includes’ stipulation,it is intended to be exhaustive.Words and Phrases:‘Shared household’ – Meaning of, in the context of Preventionof Women from Domestic Violence Act, 2005.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2020 INSC 701
Petitioner	Smt. S. Vanitha
Respondent	The Deputy Commissioner, Bengaluru Urban District & Ors.
SCR	[2020] 12 S.C.R. 1057
Judgement Date	2020-12-15
Case Number	3822

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Smt. S. Vanitha Vs. The Deputy Commissioner, Bengaluru Urban District & Ors.

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The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

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