RAJANI B.SOMKUWAR Vs. SARITA SOMKUWAR

JUDGEMENT

(1.) The Petitioner is 70 years of age and is an ex-government employee. Respondent No. 1 is one of the fve daughters of the Petitioner.

(2.) As more particularly set out in the Petition and hereinafter, it is the Petitioner's case that she is mentally as well as physically tortured by her daughter - Respondent No. 1, who is a divorcee and is forcefully residing along with her 19 year old son - Chayankk Kumar in the Petitioner's fat, being Flat No. 1504, 15th Floor, AkruliSatya CHSL., Crimson Tower, Lokhandwala Township, Kandivali (E), Mumbai-400 101, ('the said Flat'). The Petitioner has fled an Application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the Act'), before Respondent No. 2 - Sub Divisional Ofcer, Maintenance Tribunal for Parents and Senior Citizens, on 16th March, 2020 seeking eviction of Respondent No. 1 from the said Flat. However due to the lockdown, the Tribunal is not available to decide her Application. She is therefore compelled to move this Court under its Writ jurisdiction.

(3.) According to the Petitioner :