Kerala HC Allows Mother‑in‑Law to Claim Residence Against Daughter‑in‑Law Under Senior Citizens Act
- Case Name: Anila and Ors v Maintenance Tribunal and Sub Divisional Magistrate and Anr
The Kerala High Court expanded the legal definition of “children” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to include a daughter‑in‑law, allowing a mother‑in‑law to seek residence rights even against her.
The question before the Court was whether a senior citizen could invoke the Senior Citizen Act against a daughter-in-law, and does such an order comes in conflict with the rights granted under the Domestic Violence Act.
Justice Viju Abraham, citing purposive interpretation and Telangana HC precedent, ruled that if a daughter‑in‑law occupies property originally owned by the parent, she falls within the Act’s scope.
The plea was dismissed, and the mother‑in‑law’s right to reside in the shared home was affirmed.
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