SARIKA RANI Vs. DISTRICT MAGISTRATE-CUM-APPELLATE TRIBUNAL

JUDGEMENT

(1.) This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dtd. 2/1/2019 (Annexure P-7) passed by the Appellate Tribunal-cum-District Judge, Jind and order dtd. 7/6/2018 (Annexure P-5) passed by the Prescribed Authority-cum-Sub Divisional Magistrate, Jind, whereby petitioner was evicted from the matrimonial home.

(2.) Learned counsel for the petitioner has referred to the order dtd. 6/2/2019 passed by a Coordinate Bench of this Court at the time of issuance of notice of motion, which reads as under:-

(3.) It is argued by learned counsel for the petitioner that there are three points for setting aside the impugned orders. The first being that the respondent no.2 had not attained the age of 60 years on the date when the application was filed. The second being that the application was filed to evict the daughter-in-law in view of the dispute of the daughter-in-law with her husband. The third plea taken is that the application was filed under Sec. 22 of the Maintenance and Welfare of Parents and Senior Citizens, Act 2007 (hereinafter to be referred to as "the 2007 Act) and the said power of eviction has been struck down by a Coordinate Bench of this Court in the case of Simrat Randhawa Vs. State of Punjab and others and in the LPA filed against the same there is no stay.