PUNJAB & HARYANA HIGH COURT
Augustine George Masih, J.
Balbir Kaur - Appellant
Versus
Presiding Officer-cum-S.D.M. of the Maintenance & Welfare of Senior Citizen Tribunal and Ors. - Respondent
Civil Writ Petition No. 15477 of 2014 (O&M)
Decided On : 29-06-2015
Maintenance and Welfare of Senior Citizens Tribunal - Application under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 2(a), 2(g), 4, 22 - The court discussed the maintainability of the application under Section 22 of the Act by the parents-in-law against a daughter-in-law and the availability of the remedy of appeal under Section 16 of the Act to the daughter-in-law. The court interpreted the relevant provisions and held that an application under Section 22 of the Act is maintainable against any person irrespective of their relationship as long as the applicant is a senior citizen, and the daughter-in-law has a statutory right of appeal under Section 16 of the Act.
Fact of the Case:
The petitioner, a daughter-in-law, was ordered to give possession of the matrimonial house to her parents-in-law under Section 22 of the Act. The petitioner alleged cruelty and multiple instances of being turned out of the house by her husband and in-laws. The respondents filed an application under Section 22 of the Act, alleging illegal trespass and seeking eviction of the petitioner from the house. The Tribunal ordered eviction of the petitioner from the house, leading to the present writ petition.
Finding of the Court:
The court found that an application under Section 22 of the Act is maintainable against any person irrespective of their relationship, as long as the applicant is a senior citizen. The court also held that the daughter-in-law has a statutory right of appeal under Section 16 of the Act.
Issues: The issues involved the maintainability of the application under Section 22 of the Act by the parents-in-law against a daughter-in-law and the availability of the remedy of appeal under Section 16 of the Act to the daughter-in-law.
Ratio Decidendi: The court interpreted the relevant provisions of the Act and held that an application under Section 22 of the Act is maintainable against any person irrespective of their relationship as long as the applicant is a senior citizen. The court also held that the daughter-in-law has a statutory right of appeal under Section 16 of the Act.
Final Decision: The court held that the daughter-in-law has a statutory right of appeal under Section 16 of the Act and directed her to avail the alternative statutory remedy of filing an appeal against the impugned order before the Appellate Tribunal.
1. Challenge in this writ petition is to the order dated 11.07.2014 (Annexure P-13) passed by the Maintenance and Welfare of Senior Citizens Tribunal, Pehowa (hereinafter referred to as "the Tribunal") on an application filed under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, "the Act") by respondent Nos. 2 and 3, whereby the petitioner (who is a daughter-in-law of respondent Nos. 2 and 3) alongwith her husband, Baljinder Singh, has been ordered to give possession of the house situated in Plot No. 13, Village Kalsa, Tehsil Pehowa, District Kurukshetra to respondent Nos. 2 and 3 primarily on the ground that this application was not maintainable against the petitioner as the daughter-in-law would not fall within the definition of either Rs.children' or Rs.relative' as provided for in Section 2 (a) and (g) of the Act.
2. Briefly, the facts of the case relevant for disposal of this writ petition would be that the petitioner was married to respondent No. 4 on 08.04.2000 as per Sikh rites and ceremonies. They started living in the house bearing Plot No. 13, Village Kalsa. Petitioner alleges that she was subjected to cruelty for bringing less dowry and was, thus, turned out of the matrimonial house in the year 2002 as she was unable to conceive any child. However, with the intervention of the Panchayat, the matter was compromised. Still, again in the year 2007, the petitioner was thrown out of her matrimonial house. Thereafter, under pressure of the Panchayat, the respondents rehabilitated the petitioner in her matrimonial house.
3. On 28.04.2011, respondent No. 4, without informing the petitioner, ran away from his house, which was in conspiracy with respondent Nos. 2 and 3 with a motive to get rid of her. A D.D.R was lodged and after making efforts, respondent No. 4 was found on 23.05.2011. However, again the petitioner was shunted out of the house on 25.05.2011 and she came to reside with her relatives in Faridabad, where she filed a complaint under the Protection of Women from Domestic Violence Act, 2005 (for short, "the 2005 Act"), praying for grant of her right to reside in her matrimonial house under Section 19 of the said Act.
4. On receipt of notice, respondent No. 4 put in appearance and made a statement on 05.03.2013 before the Judicial Magistrate Ist Class, Faridabad, that he was ready to take her wife back and will reside with her in a rented accommodation away from village Kalsa. Since the petitioner wanted to live with her husband, she agreed to the said proposal and they started residing at Village Nada Sahib, Sector 3, Panchkula. Respondent No. 4 again deserted the petitioner and left the house on 17.06.2013, on which she filed a complaint at Police Station Chandimandir, which was registered as F.I.R. No. 161, dated 19.06.2013 under Section 365 IPC. On 25.06.2013, respondent No. 4, Baljinder Singh (husband of the petitioner) gave a statement to the police authorities that he had gone to meet his sister in Village Kalva, District Hoshiarpur and the petitioner being not aware had mistakenly got registered the FIR of kidnapping. However, respondent No. 4 never joined the company of the petitioner at Village Nada Sahib and also stopped paying maintenance to her, which was granted by the Judicial Magistrate Ist Class, Faridabad, in a case preferred by her under the 2005 Act.
5. Petitioner did not have any source of income and, therefore, was unable to pay the rent. Accordingly, the villagers of Village Nada Sahib convened a Panchayat and got her shifted to her matrimonial house at Plot No. 13, Village Kalsa on 30.07.2013. Thereafter, she made a statement before the Additional District & Sessions Judge, Faridabad (where appeal under Section 19 of the 2005 Act is pending) that she had again started living in her matrimonial home and, therefore, she does not need rent. However, she pleaded for enhancement of maintenance amount, which was enhanced from Rs
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