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2024 Supreme(Online)(Bom) 2426

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
SANJIVANI JAYESH SEERNANI – Appellant
Versus
KAVITA SHYAM SEERNANI – Respondent


Advocates:
Mr. Ashutosh Kulkarni, a/w. Ms. Shaheen Kapadia i/b. Ms. Vrushali Maindad, for Petitioner. Mr. Vivek Kantawala, a/w. Mr. Saumitra Salunke & Ms. Swapnali Chavan i/b. Mr. Pradeep Yadav, for Respondent Nos.1 & 2. Mr. Subhash Jha, a/w. Ms. Priti Singh i/b. Mr. Rahul Chauhan, Mr. Abhijit Bansode, for Respondent No.3.

JUDGMENT :

1. Petitioner-Sanjivani is the daughter-in-law of senior citizens and has petitioned this Court challenging the Order dated 18 September 2023 passed by the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act , 2007 complaining that the forum of Maintenance Tribunal is being misused to throw her out of her matrimonial house by the husband with connivance of his parents. The impugned order passed by the Maintenance Tribunal directs Petitioner and her husband to vacate the residence of senior citizens. The husband has however not challenged Order of the Maintenance Tribunal. The Petitioner and her husband do not share a cordial marital relationship, which is why she feels that the jurisdiction of the Maintenance Tribunal is being misused by her husband though his parents to deny her residence in shared household within the meaning of Protection of Woman Against Domestic Violence Act, 2005.

2. Facts of the case, as pleaded in the petition, are that Petitioner married Respondent No.3-Jayesh Shyam Seernani on 22 October 1997 at Mumbai. Two children are born out of the wedlock – daughter Sanskriti on 25 December 1998 and son Hars

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