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Punam vs. Divisional Commissioner, GNCT of Delhi & Ors.

Writ Petition (Civil) · 2026:DHC:8543-DBDecided 30 Sept 2026New Delhi Bench
W.P.(C) 11683/2022CNR: DLHC010298882022
Chief Justice Devendra Kumar Upadhyaya · Justice Tejas Karia

Background

A daughter-in-law challenged an order directing her to vacate her mother-in-law's (a senior citizen's) house, obtained under the Senior Citizens Rules' eviction procedure. She argued the eviction rule was itself invalid (beyond what the parent Act allows), and that her own pending Domestic Violence Act case entitled her to continue residing in the shared household regardless.

Decision Breakdown

The Court upheld the validity of the Delhi Senior Citizens Rules' eviction provision, relying on recent Supreme Court rulings that such tribunals may order eviction where necessary to protect a senior citizen, and held the rule validly covers daughters-in-law as well as sons and daughters. It further held that eviction proceedings under the Senior Citizens Rules are legally independent of Domestic Violence Act maintenance proceedings, one does not need to await the other, and that the senior citizen's right to a peaceful life in her own property outweighed the daughter-in-law's claim, especially since the daughter-in-law had her own separate residence and income. The writ petition was dismissed.

Lesson Learnt

A senior citizen can lawfully seek and obtain eviction of a daughter-in-law (or other relative) from their own property under the Senior Citizens Act framework even while a separate Domestic Violence Act case is pending: the two legal remedies run independently of each other.

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