JUDGMENT/ORDER

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. This Writ Petition is filed under Article 227 of the Constitution of India by Petitioners who are daughter-in-law and son of Respondent Nos.2 and 3. The challenge in this Writ Petition is to the order dtd. 23/10/2023 passed under Sec. 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ( for short "the Senior Citizens Act").

FACTS

2.1. There is no dispute that Respondent Nos.2 and 3 are the owners of Flat No.B/703, Siddhivinayak Gardens Co-operative Housing Society, Opp to Sosa Classic Hotel, Ashokvan, Dahisar (East), Mumbai - 400 068. (for short 'the subject flat'). The Petitioners are as of now staying in the subject flat, with Respondent Nos. 2 and 3, who are the mother and father of Petitioner No.2.

2.2. Petitioner No.1 and Petitioner No.2 got married with each other on 29/6/2020 in Mumbai. At the time of Marriage Petitioner No.1 was a widow, and she had a son aged 10 years from her previous marriage. Petitioner No.2 at the time of marriage was a divorcee. After marriage, Petitioner No. 2 and Petitioner No.1 along with her son started residing with R