Woman can’t be ousted from matrimonial house: Allahabad HC bench

The Lucknow bench of the Allahabad high court has quashed an order of the sub-divisional magistrate (SDM), Lucknow (Sadar), directing eviction of a widowed daughter–in-law from her in-laws’ house on the basis of summary proceedings under the Senior Citizens Act
Lucknow bench of the Allahabad HC quashes widow’s eviction order under the Senior Citizens Act (HT file photo)
Lucknow bench of the Allahabad HC quashes widow’s eviction order under the Senior Citizens Act (HT file photo)
Published on Nov 14, 2021 10:36 PM IST
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ByPawan Dixit, Lucknow

The Lucknow bench of the Allahabad high court has quashed an order of the sub-divisional magistrate (SDM), Lucknow (Sadar), directing eviction of a widowed daughter–in-law from her in-laws’ house on the basis of summary proceedings under the Senior Citizens Act.

A single judge bench of Justice Vivek Chaudhary on November 2 said: “In the given facts and circumstances of the case, the impugned order dated 14.07.2021 cannot stand and is set aside.”

“Respondents (in-laws) are directed to hand over the possession of the ground floor of the House No. 3/347, Vishal Khand, Gomti Nagar, Lucknow to the petitioner(daughter in-law) and her son forthwith,” said the court.

“Petitioner shall not in any manner interfere with the ingress and egress of the occupants of the floors above the ground floor. Private respondents (in-laws) also shall not disturb or interfere in any manner with the living of the petitioner and her son in the said property,” added the court.

The court observed that a wife cannot be evicted from her matrimonial house on the basis of the summary proceedings under the Senior Citizens Act, 2007. One Khushboo Shukla had filed a petition in the high court challenging July 14, 2021, order of the SDM (Sadar), Lucknow.

In its order, the SDM had ordered Khushboo Shukla to vacate the house of her in-laws in Gomti Nagar. The SDM had passed the order on a petition field by Shukla’s father-in-law. In her petition, Khushboo Shukla had alleged that after the death of her husband Gaurav Shukla on July 15, 2019, her in-laws started harassing her. She also told the court that after the SDM’s order, she and her child were rendered homeless.

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Wednesday, December 08, 2021