ANJANA NIRANJAN JASANI Vs. RITIKA PRASHANT JASANI

JUDGEMENT

(1.) Issue involved in this Petition is whether right to live peaceful life by a Senior citizen (Mother-in-law) recognized under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 is to be given priority over the right of daughter-in-law over shared household recognized under the provisions of the Protection of Women from Domestic Violence Act, 2005 is to be given predominance ? Further issue involved before us is "while balancing rights of two competing claims in a proceedings contemplating summary inquiry, to what extent claims of title as to flat in question can be considered"?

(2.) There is one flat situated at Malbar Hill Mumbai. The Petitioner-Mother-in-law claims exclusive ownership on the basis of probate of will executed by her husband Niranjan Jasani. Whereas Respondent No. 1-Daughter-in-law claims right of residence being matrimonial home/shared household and respondent no.2 son claims nominee on the basis of 20% share as per the nomination by her deceased Anandlal.

(3.) The relationship between the parties is not disputed. The Petitioner-Anjana is the mother of Respondent No.2-Prashant. Whereas Respondent No.1 is the daughter-in-law of the Petitioner and the wife of Respondent No. 2 all were residing together in the said flat.