SANTOSH TYAGI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Mrs. Santosh Tyagi, a senior citizen, has filed the present petition assailing the order dtd. 17/8/2022, 'the impugned order' passed by the Respondent No. 1/ Divisional Commissioner dismissing her appeal against the order dtd. 13/2/2021, passed by the Respondent No. 2/ District Magistrate, South West, Kapashera under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 'Senior Citizens Act' The said order rejected Petitioner's application for eviction of Respondents No. 3 to 6. This case brings us at an intersec. of the senior citizen's rights, as stipulated under the Act, with the entitlements of her daughter-in-law under the provisions of the Protection of Women Against Domestic Violence Act, 2005, 'Domestic Violence Act' emphasizing the delicate balance between safeguarding the welfare of the elderly and protecting matrimonial home rights. PETITIONER's CASE:

(2.) Counsel for the Petitioner has presented the following facts and contentions:

(3.) Per contra, counsel for Respondents No. 4 to 6 urged the following contentions to defend the impugned order: