16. This Court has subsequently considered the
two statutes and relied upon Vinay Verma
(supra) to decide another case being Aarti
Sharma & Anr. v. Ganga Saran [RSA 14/2021,
decided on 24th August, 2021], where the husband
and wife were not estranged from each other. In
the said decision, this Court had upheld the
eviction of the daughter-in-law and husband.
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+0530
maintenance is to be considered by applying the principle laid
down in Vinay Verma's case. When the said principle is applied
to the facts of this case, it can be seen that the defendant no.2
has not been able to prove that the suit property is her shared
household; that she is subjected to any domestic violence or
there is collusion between her husband and the plaintiff. All that
has been proved is that the plaintiff required the suit property
for his and his wife's needs and he was subjected to neglect and
violence by the defendants and the status of the defendants is no
more than licensees. In such circumstance, the judgment of
Satish Chander Ahuja is not applicable and the principle
number 5 of Vinay Verma's judgment is applicable.
In the matter of "Vinay Verma vs. Kanika Pasricha and Ors." 265
(2019) DLT 211, the High Court of Delhi examined the provisions of
the Senior Citizens Act and Domestic Violence Act and laid down
guidelines to be followed by the courts in order to strike a balance
between the said two acts. The said guidelines read as under:
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15:56:13 +0530
right to enjoy their own property and earn income from the same is
also equally important. Applying the ratio of Vinay Verma's case
which has also been applied by the Hon'ble High Court of Delhi in
Madalsa Sood vs Maunicka Makkar and another [Decision dated
10.12.2021 in CS(OS) 93/2021], as it appears that the Defendant no. 1
is not supporting both the Plaintiff and his own wife i.e. Defendant no.
29. Even otherwise, in the light of judgment of Hon'ble High Court of
Delhi in Vinay Varma's case (supra), since, the relationship between the
plaintiff and the defendants (son and daughter-in-law) is acrimonious,
therefore, the plaintiff ought to be permitted to seek eviction of the son
and daughter-in-law from the suit property and the learned Trial Court
has rightly decided such contention of the defendants.
15. Lastly, in the judgment titled as Vinay Varma v. Kanika
Pasricha & anr. 2019 SCC Online DEL. 11530, pronounced by
the Hon'ble High Court of Delhi, after examining catena of
judgments, in order to strike a balance between the PSC Act
2007 and D.V. Act 2005, has held in para no.4 as follows :
25. It has already been established that the suit property is a shared
household, however, defendant has failed to establish her right to reside in the
suit property. On court query it was informed by Ld. Counsel for plaintiff that
the husband of defendant has passed away during the pendency of the present
suit. Thus, in order to balance the right of both the parties and keeping in view
the guidelines issued by the Hon'ble High Court of Delhi in the case of Vinay
Varma (supra), an alternative accommodation should be arranged for the
defendant. Defendant has not denied that she is in occupation of one room on
the second floor of the suit property. Therefore, the present issues are decided
in favour of the plaintiff with the following directions: