CHOKHENDRA Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for petitioner and learned Counsel for respondents.

(2.) Being aggrieved by the order dtd. 15/09/2022 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 passed by respondent No.1 i.e. SubDivisional Magistrate, Maintenance of Senior Citizen Tribunal, Chandrapur in Case No. 06/Misc./J.N.K.V.P/2022 in Case No. 18/2022, petitioners are directed to vacate three rooms of residence situated at the first floor of the house and also to vacate a shop which is in front of the house within the period of 1 month from the date of issuance of the order and handover the possession of the above stated rooms and shop and rejected the claim of maintenance.

(3.) Petitioner Nos.1 and 2 are husband and wife respectively and their marriage was solemnized on 24/07/2017. Petitioner No. 2 is of different caste. Respondent No. 2 is father of petitioner No. 1, who had opposed the marriage of the petitioners, whereas, the mother of the petitioner No. 1 had supported their marriage and also gave reception on 10/09/2017. The respondent No. 2 did not allow the petitioners to come back to residential house and during the Pendamic (COVID-19). The respondent No. 2 suffered from the paralytic attack then petitioners were called back and that time, the petitioners had performed their duties. But after recovery of respondent No. 2, he is started harassing the petitioner on account that petitioner No.2 is of different caste and told petitioner No.1 to leave his wife.