Mr. Rakesh Kumar Jain, J. (Oral):- The petitioner has challenged the order of the District Magistrate, Panchkula, dated 12.09.2017, by which his application filed under Section 22(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “Act”) has been dismissed.

2. In brief, the petitioner is a senior citizen and respondent no.3 is his daughter-in-law, against whom he has filed the application for seeking her eviction from his house, which is allegedly owned by him.

3. Counsel for the petitioner has submitted that the petitioner has even disowned his son Vivek Walia, husband of respondent no.3, who is causing a lot of inconvenience to him while living in the same house and, therefore, he had filed the application for her eviction in order to live rest of his life in peace.

4. I have heard learned counsel for the petitioner and examined the available record with his able assistance.

5. The application by a senior citizen under Section 22(2) of the Act is not maintainable against the daughter-in-law if the husband of that woman is alive. The reason is very simple as the application under Section 22(2) of the Act has to be fil