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2015 Supreme(P&H) 1817

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Paramjeet Singh
C.W.P. No. 17351 of 2015
Savita Sharma & Ors.
v.
District Magistrate & Ors.
{Decided on 24/08/2015}

Advocates:
For the Petitioner(s):Mr. Satyaveer Singh, Advocate.

Headnote:Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.32 & S.22--Eviction of Children--Petitioner (Father and Senior Citizen) disowned his son by giving notice in newspaper and permission to stay with him stands withdrawn--Petitioner wrongly approached civil court for eviction of his son from the house and shed--Thereafter, he approached District Magistrate and order was passed--Held; the remedy under is summary in nature and the provisions of the Act have overriding effect qua any other enactment in view of S.3 of the Act--Order passed by District Magistrate upheld--Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009, R.20. (Para 14)

JUDGMENT

Mr. Paramjeet Singh, J.:- This is an avoidable and unfortunate litigation between father, son, daughter-in-law and others.

2. This judgment shall dispose of CWP No. 17351 of 2015 titled “Savita Sharma and others vs. District Magistrate and others” and CWP No. 17352 of 2015 titled “Mukesh Sharma vs. District Magistrate and others” as challenge in both the writ petitions is to order dated 09.07.2015 (Annexure P/5) passed by respondent no.1 – District Magistrate, U.T., Chandigarh whereby petitioner – Mukesh Sharma-son has been directed to vacate house No. 2092, Sector 37-C, Chandigarh and Shed No. 36, Rehri Market, Sector 23, Chandigarh under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “Act”). C.W.P. No. 17351 of 2015 has been separately filed by wife of Mukesh Sharma and his children.

3. I had the occasion to deal with almost the identical dispute in Ashwinder Singh and another vs. Bhagwant Singh and another, [2014(4) Law Herald (P&H) 3553] : 2014(3) R.C.R. (Civil), 906. It would be apposite to reproduce relevant paragraphs:-

“This unfortunate regular second appeal is a poignant reminder of decaying social values and traditions in our country. The case is telltale story of how children have become detached in today’s commercialized world and are making attempts to throw out their aged parents from the property which the parents have acquired during their lifetime. It is perfect example of children becoming insensate towards parents/senior citizens.

“Maatru Devo Bhava” (revere your mother as God) and “Pitro Devo Bhava” (revere your father as God) is a well-known proverb.

2. On page 1200 of Sri Guru Granth Sahib, Sri Guru Ram Dass has written that “KAAHAY POOT JHAGRAT HA-O SANG BAAP / JIN KAY JANAY BADEERAY TUM HA-O TIN SIO JHAGRAT PAAP//” ( O son, why do you argue with your father? It is a sin to argue with the one who fathered you and raised you.).

3. The above words of prudence guide us that we have to treat our parents as God. Modernization, technological advancement and social liability have changed our life-style and values. Sadly, our bent of mind and responsibility towards parents has degenerated. We have forgotten about Sharavan Kumar, who placed his blind parents in two baskets and carried the baskets on his shoulder to various places of pilgrimage. We have also forgotten the duties of a son towards aged parents. We have completely given up our ancient traditions when parents were most revered and respected.”

4. Over the years the law has become more complicated and more involved in the different areas of people’s lives. Sometimes the law appears to be meddling and intrusive particularly in family disputes and private life. There has to be a balance between people’s right to live and the right of the law to intervene on behalf of the society. The balance between the needs of society and people’s individual rights applies to families too.

5. Family has been the dominating institution, both in the life of the individual and in the society. It is a basic, cohesive and integral unit of larger social system. We are seeing rapidly changing family scenario. Our children will always be our children. The parents believe in trial and error principles so far children are concerned. Even though parents do all right things for children specifically children and their families, but many a times, children feel that they are not being treated equally and this results into tearing break ups which is very anguishing for the parents. This happens when tension rises beyond bearable level. At this stage, there is a need for trained therapist practicing in this field. When efforts to effect compromise/settlement fail, can there be any good reason to keep cause of trouble under the same roof? Introspection by one and all can play a pivotal role in brushing aside the differences and bringing back the peace and harmony in the family. Everyone should analyze what h





















































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