The Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act is empowered to order the eviction of occupants to ensure the protection and welfare of senior citizens, particularly when domestic violence proceedings are found to be a strategic abuse of the legal process.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 19-07-2025 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC BALLARI WHICH IS PRODUCED AT ANNEXURE-J AND ALSO THE INITIATION OF CRIMINAL PROCEEDING UNDER SECTION 12 OF DOMESTIC VIOLENCE ACT IN CRIMINAL MISC NO.227/2025 IS MARKED AND PRODUCED AT ANNEXURE J1 ONLY INSOFAR AS PETITIONERS ARE CONCERNED AND ETC.,

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioners are before this Court seeking the following prayers:

A. Issue writ of certiorari quashing the impugned order dated 19-07-2025 passed by the II Addl. Civil Judge and JMFC Ballari which is produced at Annexure-J and also the initiation of criminal proceeding under section 12 of Domestic Violence Act in Criminal Misc No.227/2025 is marked and produced at Annexure J1 only insofar as petitioners are concerned.

B. Issue such other writ or order as deemed fit in the interest of justice and equity.

2. Petitioners-respondent Nos.1 and 2 in Crl.Misc.No.227/2025 initiated by the respondents under Section 12 of the Protection of Women from Domestic Violence Act, 2005, are before this Court calling in question the entire proceedings.

3. Heard Smt.Gayatri S.R., learned counsel appearing for the petitioners, Sri.Srinivas B. Naik, learned counsel appearing for respondent No.1 and have perused the material on record.

4. Facts in brief, germane, are as follows:

(a) The petitioner No.1 acquires the subject property through a registered sale deed on 09.01.2006. After the death of the son, his wife the respondent-complainant is said to have shifted to Gudivada, Andhra Pradesh on 22.04.2015. Prior to the shifting, it transpires that the petitioner No.2 had executed a gift deed in favour of one Mrs.Aruna for raising loans for educational purposes. The petitioners then file an application before the Assistant Commissioner invoking the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking eviction of the respondents and cancellation of the gift deed on the score that the persons who are in close association with the wife, who had shifted to Andhra Pradesh had forcibly dispossessed these petitioners by assaulting them. After the notice is issued in the proceedings instituted by these petitioners seeking eviction of the respondent No.1, respondent No.1 appears from Andhra Pradesh and files a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking right to residence. The Assistant Commissioner then passes an order cancelling the gift deed and directs eviction of respondent No.1. The respondent No.1 then prefer a writ petition before this Court in W.P.No.104795/2025 challenging the order of the Assistant Commissioner dated 17.06.2025 which had directed eviction of the respondent-wife from the property on the cancellation of the gift deed. The said writ petition comes to be dismissed by an order of this Court on 25.11.2025 vide SOUMYA vs. RATNAKUMARI AND OTHERS, 2025 SCC OnLine Kar 21241, which reads as follows:

“7. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record.

8. The afore-narrated facts are all a matter of record. Since the entire issue brought before this Court springs from a complaint / application submitted before the Assistant Commissioner and the reasons for filing such a petition, read as follows:

“ಅಧ ,

.21-03-2025

ಯ ಗಕರ ವಹ ಯಡ

ಉಪ ಗ ,

ಬ"#