MAMTA Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present petition has been filed by Ms. Mamta, the Petitioner, who is the daughter-in-law of Respondent No.4 - Mr. S. Krishnan Nath Rao, challenging the impugned order dated 12th April, 2021 passed by the Appellate Authority of the Divisional Commissioner under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and Delhi Rules thereto.

(3.) The brief background is that the Petitioner was married to Respondent No.4's son - Late Mr. Sunder Ganesh Rao, who is stated to have committed suicide on 19th July, 2019. Initially, the Respondent No.4 had filed a petition for eviction under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, which was decided by the District Magistrate vide order dated 30th January/1st February, 2021. The findings of the District Magistrate in the said order were that the Respondent No.4 is the sole and absolute owner of the suit property. The observation of the District Magistrate was that the Petitioner lived in the suit property i.e., House No.4, Gali No.15B, Prem Vihar, Nangli Dairy, Najafgarh, New Delhi along with her associate (boy friend) and in effect, the Respondent No.4 was not being allowed to live in his own property. The District Magistrate had accordingly directed the Petitioner herein to vacate the said suit property. The findings of the District Magistrate are set out herein below: