2024:BHC-OS:4504 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.28282 OF 2023 Sanjivani Jayesh Seernani ...Petitioner Versus Kavita Shyam Seernani & Ors. ...Respondents ….

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.

….

CORAM : SANDEEP V. MARNE, J.

RESERVED ON : 04 MARCH 2024. PRONOUNCED ON : 18 MARCH 2024.

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 Harshwardhan on 19 January 2003. The daughter has completed her graduation in USA. and presently residing in USA. The son is pursuing B.B.A. Course in Mumbai and resides with the family. Since her marriage, Petitioner is residing in the flat on 4^th floor of the building ‘Anjali’, situated on Plot No.18, Main Gulmohar Road, JVPD Scheme, Juhu, Mumbai (the said flat). The said flat is owned by Respondent No.1, who is a senior citizen and Petitioner’s mother-in-law. Thus, Petitioner is residing with her husband and parents-in-law in the said flat. Petitioner alleges ill treatment at the hands of her husband, parents-in-law and sister-in-law and the details of through allegations need not be narrated here, considering the limited scope of enquiry.

3. Petitioner lodged a complaint with the police station on 12 November 2022. The Respondent No.2-Shyam Seernani (Father-in-law) filed police complaint against Petitioner on 25 November 2022. It also appears that Petitioner’s son-Harshvardhan also lodged complaint against Petitioner with the police on 29 November 2023. In the above disturbed relationship between the parties, Respondent Nos. 1 and 2 filed application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act) before the Maintenance Tribunal constituted under the Act. Petitioner and her husband-Respondent No.3 were impeaded as Respondents in that application, in which Respondent Nos. 1 and 2 prayed for award of monthly maintenance of Rs.50,000/- as well as for an order of eviction of Petitioner and her husband from the flat.

4. Immediately after lodging of complaint by Respondent Nos. 1 and 2, Petitioner filed complaint under provisions of Protection of Woman Against Domestic Violence Act, 2005 (DV Act) against husband, parents-in-law and sister-in-law before the Metropolitan Magistrate at Andheri.

5. In the Compliant filed by Respondent Nos. 1 and 2, the Tribunal has passed Order dated 18 September 2023 directing Petitioner and Respondent No. 3 to vacate the said flat. It has further directed Respondent No.3 to pay monthly maintenance of Rs.10,000/- to the senior citizens. Petitioner and