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5. Disputes are pending either in the criminal courts, under the DV Act, in the Family Courts, before the Special Tribunal constituted under the PSC Act, Civil Courts and Writ Courts where possession and eviction is sought. Though, there is no doubt that the decision in each case depends upon the facts and circumstances, the overarching pattern is very clear that the parents/in-laws rely on their rights under the PSC Act and the daughter-in- law relies on the DV Act. Even in proceedings which are not filed under the PSC Act, the same is cited to seek protection and enforcement of rights recognised therein, in civil and criminal proceedings.

29. In Darshna v.Govt. of NCT of Delhi & Ors.,[ LPA 537/2018 decided on 03rd October, 2018] and Sunny Paul v. State of NCT of Delhi and Ors.253 (2018) DLT 410, the ld. Division Benches of this Court again considered the provisions of the PSC Act. In both these cases, the rights of the in-laws to seek eviction of the son or daughter-in-law from their own property was upheld on an interpretation of the PSC Act and the Rules of 2017 enacted in Delhi under the said Act. The ld. Division Bench of this Court considered a case arising under the PSC Act wherein the District Magistrate, in proceedings arising under the said Act, had directed the eviction of the daughter-in-law. The writ petition was dismissed and the ld. Division Bench was considering the LPA. In the said judgment, the ld. Division Bench held that in view of the Rule 22(3)(1)(i) of Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, the son and the daughter-in-law could not claim any right in the property. The ld. Division Bench observed as under:

These two cases arose out of a civil suit and notice of motion seeking injunction and a petition for divorce, respectively.

34. In Dattatrey Shivaji Mane v. Lilabai Shivaji Mane and Ors. AIR 2018 Bom 229, the Bombay High Court was considering an order passed by the maintenance tribunal under the PSC Act, in a writ petition. The Court observed therein that the petition of the daughter-in-law under the DV Act was dismissed for default. The Court then considered the decision of the Delhi High Court in Sunny Paul (Supra) and held that once the senior citizen is the owner of the property, the possession of the senior citizen cannot be interfered with. Thus, the tribunal‟s order directing the son and his family to vacate the property was upheld. In this judgment the objects and reasons of the PSC Act were considered in detail by the Court. Thus, the view of the Bombay High Court is that the question of title or proprietary right is of no relevance.

The Court upheld the right of the divorced wife who was given protection under the DV act. Thus, the rights of the in-laws to invoke the PSC Act was recognised.

37. However, subsequently, in Hamina Kang(supra) an order of the tribunal under the PSC Act was considered in the context of the daughter-in- law who had filed a petition under the DV Act. The Court considered the objects and purposes of the 2007 Act. The Single Judge of the Punjab and Haryana High Court reviewed various judgments including Taruna Batra (supra), Vimal Ben(supra), Navneet Arora (supra), Preeti Satija (supra) and Hashir (supra) of the Kerala High Court. The provisions of the PSC and the DV Act were considered. The Court finally agreed with the view of the Kerala High Court and differed from the view of the Delhi High Court. It concluded that a house owned by a father-in-law is not a „shared household‟ in which the daughter-in-law has a right of residence. The Court observed that no right of the 2005 DV Act is sought to be nullified by the PSC Act. A status quo order had been passed in the DV Act. However, finally, the Court directed the in-laws to pay a sum of Rs. 25,000 /- per month to their daughter-in-law for a period of one year and permitted her to seek remedies against her husband.