IMPORTANT POINT
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows for eviction of children from parents' property to ensure their welfare and protection.

JUDGMENT :

VIVEK BHARTI SHARMA, J.

1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioner/mother against the judgment and order dated 31.05.2023 (annexed as Annexure-2 to the writ petition) passed by Appellate Tribunal, Dehradun in Appeal No. 05 of 2022, whereby the appeal filed by the petitioner/mother against the impugned order dated 21.05.2022 (annexed as Annexure-1 to the writ petition) passed by learned Maintenance Tribunal, Dehradun in Case No. 49 of 2020-21 was disallowed.

2. Brief facts of the case are that the petitioner/mother filed an application under Section 5 read with Section 22 of the ‘Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ (hereinafter referred as ‘the Act, 2007’) which was partly allowed and the Maintenance Tribunal directed the respondent no. 2/son to pay a sum of Rs. 7,000/- as monthly maintenance to the petitioner/mother, however, the prayer for eviction of the respondent no. 2/son, was disallowed. Feeling aggrieved, the petitioner/mother filed an Appeal No. 05 of 2022 before the Appellate Tribunal/District Magistrate, Dehradun, which was also disallowed by the Appellate Tribunal vide judgment and order dated 31.05.2023. Hence, this petition.

Submissions by petitioner/mother

3. Senior counsel for the petitioner/mother would submit that the petitioner/mother had received the possession of the house property in question constructed on Land Plot No. 188 admeasuring no. 569.28 sq. yards Indira Nagar Colony, Dehradun (hereinafter referred to as ‘house property’) by way of sale deed of the house and registered transfer of lease deed of the land, where the house was constructed; that, by virtue of this registered deed of transfer of lease of the land and sale deed of the house constructed thereupon, the petitioner/mother is the absolute and exclusive owner of this house; that, respondent no. 2 is the real son of the petitioner, however, he had been forcing the petitioner/mother to transfer this house property in his name by way of Will and to handover its possession; that, on 14.12.2017, respondent no. 2/son misbehaved with petitioner/mother and tormented her mentally and physically due to which the petitioner/mother was forced to leave the house property for her safety and well being and took shelter in an old age home (Vridha Ashram).

Senior Counsel for the petitioner/mother would further submit that after the death of husband of petitioner, the respondent no. 2/son forcibly got an amount of ` 30,00,000/- transferred in his own account from the account of petitioner/mother and thereafter started beating the petitioner/mother and pressurizing her to transfer the house property also in his name or to execute the Will in his favour and due to this excessive mental and physical torture of the petitioner/mother at the hands of the respondent no. 2/son, health of the petitioner/mother deteriorated badly.

4. Senior Counsel for the petitioner/mother would further submit that the respondent no. 2/son instead of providing any maintenance or medical treatment to the petitioner/mother tormented her and was pressurizing to ask her daughters for provisions, maintenance and treatment; that, in July 2019 when petitioner/mother suffered the paralytic attack even then the respondent no. 2/son did not take care of her and it was Nishu, the daughter of the petitioner/mother who provided medical treatment to the petitioner/mother from Sri Mahant Indresh Hospital for 15 days and thereafter for 45 days at a rehabilitation centre and during this entire period of treatment the respondent no. 2/sonnever visited the petitioner.

5. Senior counsel for the petitioner would further submit that the petitioner/mother even after having her own house, is living with her daughter in a rented accommodation whereas the respondent no. 2/son, who is a Software Engineer by profession, is leading a lavish life in the petitioner’s house property in question; that, in such circumstances, t