This Court is cognizant that the Senior Citizens Act 2007 was promulgated with a view to provide a speedy and inexpensive remedy to senior citizens. Accordingly, Tribunals were constituted Under Section 7. These Tribunals have the power to conduct summary procedures for inquiry, with all powers of the Civil Courts, Under Section 8. The jurisdiction of the Civil Courts has been explicitly barred Under Section 27 of the Senior Citizens Act 2007. However, the over-riding effect for remedies sought by the applicants under the Senior Citizens Act 2007 Under Section 3, cannot be interpreted to preclude all other competing remedies and protections that are sought to be conferred by the PWDV Act 2005. The PWDV Act 2005 is also in the nature of a special legislation, that is enacted with the purpose of correcting gender discrimination that pans out in the form of social and economic inequities in a largely patriarchal society. In deference to the dominant purpose of both the legislations, it would be appropriate for a Tribunal under the Senior Citizens Act, 2007 to grant such remedies of maintenance, as envisaged Under Section 2(b) of the Senior Citizens Act 2007 that do not result in obviating competing remedies under other special statutes, such as the PWDV Act 2005. Section 2625 of the PWDV Act empowers certain reliefs, including relief for a residence order, to be obtained from any civil court in any legal proceedings. Therefore, in the event that a composite dispute is alleged, such as in the present case where the suit premises are a site of contestation between two groups protected by the law, it would be appropriate for the 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 Sub-section (2) of Section 23 of the Senior Citizen Act 2007, it is evident that it applies to a situation where a senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred. On the other hand, the Appellant's simple plea is that the suit premises constitute her 'shared household' within the meaning of Section 2 of the PWDV Act 2005. We have also seen the series of transactions which took place in respect of the property: the spouse of the Appellant purchased it in his own name a few months before the marriage but subsequently sold it, after a few years, under a registered sale deed at the same price to his father (the father-in-law of the Appellant), who in turn gifted it to his spouse i.e. the mother-in-law of the Appellant after divorce proceedings were instituted by the Fourth Respondent. Parallel to this, the Appellant had instituted proceedings of dowry harassment against her mother-in-law and her estranged spouse; and her spouse had instituted divorce proceedings. The Appellant had also filed proceedings for maintenance against the Fourth Respondent and the divorce proceedings are pending. It is subsequent to these events, that the Second and Third Respondents instituted an application under the Senior Citizens Act 2007. The fact that specific proceedings under the PWDV Act 2005 had not been instituted when the application under the Senior Citizens Act, 2007 was filed, should not lead to a situation where the enforcement of an order of eviction deprives her from pursuing her claim of entitlement under the law. The inability of a woman to access judicial remedies may, as this case exemplifies, be a consequence of destitution, ignorance or lack of resources. Even otherwise, we are clearly of the view that recourse to the summary procedure contemplated by the Senior Citizen Act 2007 was not available for the purpose of facilitating strategies that are designed to defeat the claim of the Appellant in respect of a shared household. A shared household would have to be interpreted to include the residence where the Appellant had been jointly residing with her husband. Merely because the ownership of the property has been subsequently transferred to her in-laws (Second and Third Respondents) or that her estranged spouse (Fourth Respondent) is now residing separately, is no ground to deprive the Appellant of the protection that was envisaged under the PWDV Act 2005
F Summation
24. For the above 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.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 3822 of 2020
Decided On: 15.12.2020
S. Vanitha Vs. The Deputy Commissioner, Bengaluru Urban District and Ors.
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud, Indu Malhotra and Indira Banerjee, JJ.
Author: Dr. D.Y. Chandrachud, J.
Citation: MANU/SC/0943/2020
