JYOTI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Petitioner seeks setting aside of order dtd. 31/1/2026 passed by District Magistrate Court (West) in Eviction Petition No.1239/DCW/2025 tilted as Smt. Vijay Rani vs. Sh. Ajit Kumar and Anr. whereby she has been directed to be evicted from the premises in question within 30 days.

(2.) The foremost grievance of the petitioner is to the effect that, she already had an order from the concerned Magisterial Court before whom she had filed a petition under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (PWDV Act) and while considering the same, the learned Magisterial Court vide order dtd. 13/12/2025 has restrained respondent No.3 herein from dispossessing the petitioner as well as her two minor children from the shared household, except with due course of law until further orders.

(3.) It is submitted that since the legal representation is prohibited in the such Eviction Proceedings filed under Maintenance and Welfare of Parents and Senior Citizens Act 2007 and Rules made thereunder, the abovesaid aspect could not be highlighted by her before the learned District Magistrate Court which has resulted in the abovesaid eviction order and apparent paradox. Learned counsel for the petitioner relying upon Smt. S. Vanitha vs. The Deputy Commissioner Bengaluru Urban District & Ors. (2021) 15 SCC 730 submits that the provisions of Maintenance and Welfare of Parents and Senior Citizens Act 2007, cannot be deployed to override and nullify the other protection in law, particularly that of right of a women of shared household under Sec. 17 of PWDV Act.