VRINDA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) For the reasons mentioned in the application, the same stands allowed, exemption as prayed for is granted and documents Annexure A1 to A6 are taken on record, subject to all just exceptions.LPA-141-2022(O&M)

(2.) Appellant-petitioner Vrinda Sharma, feeling aggrieved by the order passed by learned Single Judge of this Court dismissing her Civil Writ Petition No.13360 of 2020 on 4/9/2020 vide which she had sought setting aside of order dtd. 24/6/2020 passed by District Magistrate, Gurugram directing her to vacate the second floor of House No.532, Sector 31-32-A, Gurugram (hereinafter referred to as the demised premises), has filed the instant LPA praying that the order passed by learned Single Judge be set aside and the writ petition so brought by her be accepted.

(3.) Briefly stated, facts of the case as can be gathered from the record, are that appellant got married with one Puneet Sharma in the year 2009 and started residing in the demised premises owned by parents of Puneet Sharma i.e. father - Sh.R.K. Sharma (respondent No.3) and mother -Smt.Vinay Sharma(respondent No.4); unfortunately a matrimonial dispute arose between the appellant Vrinda Sharma and her husband; parents of the latter disowned both of them and filed a complaint against the appellantpetitioner on 4/9/2019 at Police Station Sector 40, Gurugram; the appellantpetitioner filed a complaint against her parents-in-law i.e. respondents No.3 and 4 under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (hereafter referred to as D.V. Act) besides submitting a complaint against them with Women Cell, Gurugram on 14/11/2019; respondents No.3 and 4 then filed an application before District Magistrate, Gurugram under Sec. 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short - the Act) against appellant and her husband seeking their eviction from the second floor of the house contending that their status was that of the licensees, who had been permitted by respondents No.3 and 4, owners of the house to reside therein, however, on account of their conduct, their licence stood revoked, therefore, vacant possession of the demised premises be got delivered to respondents No.3 and 4 after evicting appellant and her husband therefrom. According to the appellant-petitioner, the application in question was filed by her parents-in-law in connivance with her husband with a mala fide intention just to evict her from the matrimonial house, which was a shared household of appellant-petitioner and where the appellant-petitioner had a right of residence in terms of Sec. 17(1) of DV Act. However, ignoring the factual and legal position, District Magistrate, Gurugram accepted the application under Sec. 22 of the Act and ordered eviction of appellant from the house in question. Labelling that order passed to be illegal, null and void and not sustainable in the eyes of law, the appellant Vrinda Sharma had filed the Civil Writ Petition No.13360 of 2020. That writ petition was contested by respondents No.3 and 4 contending that husband of the petitioner was not residing with respondents No.3 and 4 and he had taken on rent House No.551/21, Chakarpur, Gurugram and in any case status of the petitioner being that of licensee, she has no right to reside in the demised premises as she has been submitting complaints against respondents No.3 and 4 repeatedly causing them mental and physical cruelty. The order passed by District Magistrate, Gurugram on an application under Sec. 22 of the Act filed by them was defended as legal and valid and a prayer for dismissal of the civil writ petition was made.