Kerala HC: Daughter-in-law is 'child' under Senior Citizens Act

Kerala HC: Daughter-in-law is 'child' under Senior Citizens Act

In Anila & Others v. Maintenance Tribunal and Sub Divisional Magistrate, Ottapalam & Another (Kerala HC, July 16, 2025), Justice Viju Abraham addressed the interplay between the Senior Citizens Act, 2007 and the Domestic Violence Act, 2005. The petitioner, a daughter-in-law with a protection order under the DV Act, challenged the Tribunal's decision allowing her mother-in-law to reside in the same house under the Senior Citizens Act. The Court, citing Vanitha v. Deputy Commissioner, held that reliefs under both statutes can coexist when applied harmoniously. Importantly, it expansively interpreted "children" under Section 2(a) of the Senior Citizens Act to include a daughter-in-law in possession of the senior citizen’s property, following Deepika H. The judgment emphasized purposive interpretation of welfare legislation and held that both vulnerable parties—senior citizens and women facing domestic violence—deserve protection. Separate accommodations within the same building were suggested to balance interests without overriding either statute.