Anushka Sharma-
Published On: November 15, 2021 at 10:33 IST
On the basis of procedures under the Senior Citizens Act, the Allahabad High Court’s Lucknow Bench has quashed an order of the sub-divisional magistrate (SDM), Lucknow (Sadar), ordering the Eviction of a widowed daughter–in–Law from her in-Laws’ House.
A Single Judge Bench of Justice Vivek Chaudhary on November 2 remarked, “In the given facts and circumstances of the case, the impugned order dated 14.07.2021 cannot stand and is set aside.”
According to the Court, a wife cannot be evicted from her marriage home based on summary proceedings under the Senior Citizens Act of 2007.
A case was filed in the high court by Khushboo Shukla, contesting the ruling of the SDM (Sadar), Lucknow, dated July 14, 2021.
“Petitioner shall not in any manner interfere with the ingress and egress of the occupants of the floors above the ground floor. Private Respondents (in-laws) also shall not disturb or interfere in any manner with the living of the Petitioner and her son in the said property,” added the Court.
The SDM issued an order for Khushboo Shukla to vacate her in-Laws home in Gomti Nagar. The ruling was issued by the SDM in response to a Plea filed by Shukla’s father-in-Law. Khushboo Shukla claimed in her appeal that her in- Laws began abusing her after her spouse Gaurav Shukla Died on July 15, 2019.
She further told the Court that she and her child were evicted as a result of the SDM’s decision.
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