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2021 Supreme(Online)(P&H) 374

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP KUMAR AND ANR – Appellant
Versus
STATE OF HARYANA AND ANR – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.10.2025 Sandeep Kumar and another ….Petitioners Versus State of Haryana and another ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Ran Vijay Singh, Advocate, for the petitioners.

Mr. Naveen Singh Panwar, DAG, Haryana.

Mr. Sarvjit Singh Khurana, Advocate, for respondent No.2.

****

KULDEEP TIWARI, J. (Oral)

1. The petitioners, who are son and daughter-in-law of respondent No.2 (Hukum Singh), have approached this Court, by filing the instant writ petition, as cast under Article 226/227 of the Constitution of India, assailing the order dated 07.09.2021 (Annexure P-1), passed by the learned District Magistrate, Rewari, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, vide which, they have been directed to vacate the house in question.

2. Before adjudicating the matter on merits, this Court, considering the fact that the parties to the lis are none other than the family members, made earnest efforts to get the dispute resolved amicably. Accordingly, on the previous date of hearing, i.e. 29.09.2025, the proceedings were deferred to today, thereby, enabling learned counsel for the parties to have apt instructions, in this regard.

3. At the outset, learned counsel for the petitioners submits that petitioners are ready and willing to pay an amount of Rs.10,000/- per month, as maintenance to respondent No.2.

4. On the other hand, learned counsel for respondent No.2 fairly submits that considering that grand-daughter of respondent No.2 is pursuing her studies (MBBS), he does not intend to evict the petitioners, and thus, he is ready to accept the proposal putforth by the petitioners. However, he submits that such a concession shall be given, only to the conditions that there shall not be a single default in payment of maintenance amount; the petitioners shall not create any hindrance in peaceful living of respondent No.2; and they shall use/live in the area, where they are residing presently.

5. In response, learned counsel for the petitioners submits that the petitioners shall abide by the abovesaid conditions, in letter and spirit. 6. In view of the conceded position (supra), this Court is not required to delve into the merits of the case. Consequently, the impugned order dated 07.09.2021 (Annexure P-1) is set aside, and the instant writ petition is disposed of, with the following directions:-

1) The petitioners shall remit the amount of maintenance, i.e. Rs.10,000/-, by 10th day of every month in the bank account of respondent No.2 till his lifetime,, details of which, are as under;

Name: Hukum Singh S/o Mohar Singh Account No: 0405000100343756 Punjab National Bank Circular Road, Rewari.

2) The petitioners shall confine their residence only to the area, which is in their possession as on date, and they will not interfere, in any way, in the peaceful living of respondent No.2.

3). The petitioners shall file an affidavit to the effect that they shall adhere to the abovesaid terms and conditions, before the learned District Magistrate, Rewari, within a month from today.

7. However, in the event of default of any of the conditions (supra), respondent No.2 is at liberty to approach the learned District Magistrate, Rewari, to get his original application revived and for appropriate orders, by filing an apt motion/application.

(KULDEEP TIWARI JUDGE

08.10.2025 Ak Sharma Whether speaking/reasoned Yes Whether reportable Yes/No

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