Justice Ashokkumar C Joshi, therefore, held that the right of a woman to secure a residence order for shared household under the Domestic Violence Act cannot be defeated by an eviction order under the summary procedure laid down by the Senior Citizens Act.
“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 Domestic Violence Act 2005, would defeat the object and purpose which the Parliament sought to achieve in enacting the latter legislation,” the Court held.
Source: Barandbench
