ASHWIN BHARAT KHATER Vs. URVASHI BHARAT KHATER

JUDGEMENT

(1.) Challenge in this Petition is to the order dtd. 12/4/2022 passed by the Designated Officer of the Maintenance Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as for short 'Senior Citizens Act, 2007'). Respondent No.1- Mother had filed an application under Ss. 4, 5 and 23 of the Senior Citizens Act, 2007 against Petitioners, who are her younger son and daughter-in-law, broadly seeking four reliefs of revocation of two Gift Deeds, eviction of Petitioners from properties sought to be gifted, access to the Mother to bungalow and grant of monthly maintenance and medical expenses. The elder brother Avinash was impleaded as Respondent No.3 to the application. By the order impugned in the present Petition, the Tribunal has rejected the prayer for maintenance and medical expenditure. The prayer for eviction of Petitioners is also not granted. The Tribunal has however declared both the Gift Deeds dtd. 18/5/2017 as null and void. The Tribunal has also granted access to Respondent No.1 - Mother in the bungalow. The Tribunal has passed further orders restraining the Petitioners from causing mental and physical harassment to Mother and has further directed that failure to comply with the Tribunal's directions would entail registration of complaints with police station.

(2.) Petitioners are not aggrieved by the direction issued by the Tribunal granting access to the Mother in the bunglow 'Avi-n-Ash'. They are however aggrieved by cancellation of two Gift Deeds dtd. 18/5/2017 and also by other incidental orders prohibiting them from causing mental and physical harassment and threats of registration of police complaint.

(3.) Before adverting to the submissions canvassed by the learned counsels for the parties, a brief narration of facts, as a prologue to the Judgment would be necessary. Khater family consisted of late Bharat Khater-Father, Mrs. Urvashi Khater-Mother (first Respondent), Mr. Avinash Khater-elder son (second Respondent) and Mr. Ashwin Khater-younger son (first Petitioner). Mrs. Ruchi Avinash Khater, second Petitioner, is the wife of younger son- Ashwin.