Senior Citizens -- Eviction of Daughter-in-Law -- Right to shared household is not indefeasible against right of senior citizen to peaceful life
(i) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.4(3) -- Senior Citizens -- Eviction of Daughter-in-Law -- Claim to reside in shared household must be weighed against right of senior citizen to live a normal and peaceful life -- Senior citizen need not bear the burden of matrimonial discord of son and daughter-in-law -- Separate house and sufficient income of daughter-in-law support eviction. (ii) Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, R.22(3)(1) -- Senior Citizens -- Eviction Rule -- Rule is not ultra vires the parent Act -- State Government has power to provide for eviction as part of a mechanism to protect life and property of senior citizens -- District Magistrate may order eviction of son, daughter or legal heir for non-maintenance or ill-treatment. (iii) Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, R.22(3)(1) -- Senior Citizens -- Eviction of Daughter-in-Law -- Expression son or daughter is to be read liberally and extends to the family of son or daughter of the senior citizen -- Daughter-in-law is within the scope of the rule. (iv) Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, R.22(3)(1) -- Senior Citizens -- Eviction Without Claim of Maintenance -- Eviction proceedings are independent of maintenance proceedings under Sections 4 and 5 of the Act -- Application for eviction can be maintained even where no maintenance is claimed.
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