New Delhi, September 28: The Delhi High Court on Monday pulled up the Delhi Police for forcibly evicting a woman from her matrimonial home and directed the Commissioner to take action against the officers who evicted her before the expiry of the stipulated period.
A single-judge bench of Justice Navin Chawla also directed the restoration of possession by the daughter-in-law in her matrimonial house, Times of India reported.
According to the petition, filed by the woman, District Magistrate (South) had on September 18 passed an order for her eviction, which was communicated to the petitioner on the evening of September 19.
“Before the petitioner could even exercise her right to appeal the same, within the 30-day period provided by the Impugned Order and Rule 22(3)(3)(i) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, (Amendment) Rules, 2016, the Delhi Police evicted her on September 20 during a pandemic situation and in a most shocking and violent manner,” the plea said.
Advocates Vijay Aggarwal and Naman Joshi, appearing for the woman, sought actions against the Delhi Police for forcibly and illegally evicting her from her matrimonial home, under purported execution of an order passed under the Senior Citizens Act.
The petitioner claimed that the order passed on September 18 had provided her 30 days to evict the premises, however, even before the expiry of the said period and before she could appeal the same, she had to face several officers of the Delhi Police, including female officers, who by force evicted her, her two major children, two maids and two dogs from the premises.
Aggarwal argued that grave injustice has been caused to his client, as she had to face unlawful and unfair treatment at the hands of Delhi Police. He played a video clip, to bring home the fact that his client was forcibly evicted, though the order had provided her with 30 days to do so.
He pointed out the utmost and unprecedented hurry in which an order was illegally executed by the Delhi Police within two days of its being passed and also pointed out that for the eviction of his client and two children, over 10-15 officers of the Delhi Police had arrived, wearing masks.
The lawyer said that there was already a pre-existing order in favour of his client under the Domestic Violence Act case and he pointed out the conflict between the Protection of Domestic Violence Act and the Maintenance of Welfare of Parents and Senior Citizens Act, 2007, and argued that there are judgments of the Delhi High Court that the same ought to be harmoniously construed, but the District Magistrate did not consider the same.
The counsel appearing for the Delhi Police submitted that the action was taken in terms of certain observations made by the Magistrate under the DV Act and that the Delhi Police understood to be within its duty to save the senior citizen’s from any further misery.
The counsel, appearing for the father-in-law and mother-in-law of the woman, submitted as now the daughter-in-law was evicted from the premises, she should not be ordered to be put back into the premises, as there are several disputes between the parties and the same shall cause danger to the life and limb of his clients.