SAVITA KALRA Vs. DISTRICT MAGISTRATE, GURUGRAM

JUDGEMENT

(1.) This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of certiorari quashing the ex parte order dtd. 10/10/2019 (Annexure P-4) passed by respondent No.1, vide which the application of respondents No.3 and 4 filed Sec. 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act of 2007'), has been allowed and the petitioner along with her children has been directed to vacate the house; as also quashing of the order dtd. 16/12/2020 (Annexure P-8) passed by respondent No.1, whereby the application of the petitioner for setting aside ex parte order has been dismissed; and it is also prayed that during the pendency of the present petition, the operation of the impugned order dtd. 10/10/2019 (Annexure P4) and the dispossession of the petitioner from the demised premises may kindly be stayed.

(2.) The facts, which has come on record, are that the property in question is, undisputedly, in the name of respondent No.3-Senior citizen. The impugned order dtd. 10/10/2019 (Annexure P-4) has been passed in his favour by ordering the eviction of the son of the respondent No.3 and the petitioner, who is the daughter-in-law. That order has been challenged by way of the present petition.

(3.) Arguing the case, the learned counsel for the petitioner has submitted that the petitioner being a daughter-in-law cannot be ordered to be evicted from the house in question because she also has rights under the Protection of Women from Domestic Violence Act, 2005 (for short, 'the D.V. Act of 2005'). Therefore, the claim of the petitioner under the D.V. Act of 2005 cannot be prejudiced by any order passed under the Act of 2007. Hence, the impugned order deserves to be set-aside. Learned counsel for the petitioner has relied upon the judgment of Hon'ble the Supreme Court rendered in S. Vanitha Vs. Deputy Commissioner, Bengaluru Urban District and others, 2020 SCC OnLine SC 1023 and submitted that the order passed by respondent No.1 be ordered to be set aside.