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2022 Supreme(P&H) 2082

ARUN MONGA
Manpreet Sahni – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Kunal Dawar, Advocate, for the Appellant; Mr. Saurabh Mohunta, Dag Haryana. Mr. M.S. Vinaik, Advocate, and Mr. Gurpreet Singh, Advocate, for the Respondent.

JUDGMENT

Arun Monga, J. (Oral) - And yet again, in conflict herein is between the right of a married woman to secure her residence, pleading it to be matrimonial home/ shared household, under the Protection of Women from Domestic Violence Act, 2005(for short 'Domestic Violence Act)vis-a-vis right of a Senior Citizen (mother-in-law) to seek eviction, pleading it to be a self-acquired property, by invoking summary procedure under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'Senior Citizens Act').

2. Petitioner-wife and her estranged husband (respondent No.4) are concededly living separately. She is aggrieved by an eviction order dated 18.01.2018 (Annexure P-12)passed at the instance of her mother-in-law (respondent No.3-Senior Citizen) by Maintenance Tribunal (respondent No.2-the District Magistrate, Gurugram) qua property in question i.e. C-166, Ground Floor, Sushant Lok, Phase-1, Gurugram. Petitioner pleads that she has been resident in the said premises for the last 13 years along with her minor daughter aged 16 years (at the time of filing the petition, now about 21 years old). She seeks issuance of a writ in the nature of Certiorari to quash the

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