ROOPAM Vs. DISTRICT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) Heard Sri Vineet Kumar Chaurasiya, learned counsel for the petitioners, Sri Shailendra Kumar Singh, learned Chief Standing Counsel-III assisted by Sri Kuldeep Singh and Sri Y.K. Awasthi, learned Standing Counsel for the State and perused the record.

(2.) By means of the instant writ petition, the petitioners have assailed the judgment and order dtd. 24/2/2020 passed by Chairman, Appellate Authority/District Magistrate, Lucknow in Appeal No.20231 of 2019, under Sec. 16 of the U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act, 2007") (Re: Indrajeet Sharma Vs. Uma Shankar Sharma), by means of which, the appeal filed by the petitioners have been dismissed by respondent no.1 on the ground of maintainability. He has further assailed the judgment and order dtd. 6/6/2019 passed by the Sub-Divisional Magistrate, Tehsil-Sadar, District-Lucknow in Case Crime No.38 of 2018, under Sec. 5 of U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby the petitioners were directed to evict the premises of Plot No.46, Seemant Nagar, Yashbagh Tum, Kalyanpur, Lucknow.

(3.) Learned counsel appearing for the petitioners submits that factual matrix of the case is that, the petitioner no.1 was being continuously harassed by the respondent no.3 even for food and lodging, and FIR bearing Case Crime No.0124 of 2016, under Ss. 498-A/ 323/504/506 IPC and 3/4 of D.P. Act was lodged by petitioner no.1 against the respondent Nos.3 and 6 and other family members. Since the petitioner no.1 was being tortured for demand of dowry and, as such, under the compelling circumstances, the aforesaid FIR was lodged against the respondent no.1, who is the father-in-law of the petitioner no.1.