BALBIR KAUR Vs. PRESIDING OFFICER-CUM-S.D.M. OF THE MAINTENANCE & WELFARE OF SENIOR CITIZEN TRIBUNAL AND ORS.

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 11.07.2014 (Annexure P-13) passed by the Maintenance and Welfare of Senior Citizens Tribunal, Pehowa (hereinafter referred to as "the Tribunal") on an application filed under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, "the Act") by respondent Nos. 2 and 3, whereby the petitioner (who is a daughter-in-law of respondent Nos. 2 and 3) alongwith her husband, Baljinder Singh, has been ordered to give possession of the house situated in Plot No. 13, Village Kalsa, Tehsil Pehowa, District Kurukshetra to respondent Nos. 2 and 3 primarily on the ground that this application was not maintainable against the petitioner as the daughter-in-law would not fall within the definition of either 'children' or 'relative' as provided for in Section 2 (a) and (g) of the Act.

(2.) Briefly, the facts of the case relevant for disposal of this writ petition would be that the petitioner was married to respondent No. 4 on 08.04.2000 as per Sikh rites and ceremonies. They started living in the house bearing Plot No. 13, Village Kalsa. Petitioner alleges that she was subjected to cruelty for bringing less dowry and was, thus, turned out of the matrimonial house in the year 2002 as she was unable to conceive any child. However, with the intervention of the Panchayat, the matter was compromised. Still, again in the year 2007, the petitioner was thrown out of her matrimonial house. Thereafter, under pressure of the Panchayat, the respondents rehabilitated the petitioner in her matrimonial house.

(3.) On 28.04.2011, respondent No. 4, without informing the petitioner, ran away from his house, which was in conspiracy with respondent Nos. 2 and 3 with a motive to get rid of her. A D.D.R was lodged and after making efforts, respondent No. 4 was found on 23.05.2011. However, again the petitioner was shunted out of the house on 25.05.2011 and she came to reside with her relatives in Faridabad, where she filed a complaint under the Protection of Women from Domestic Violence Act, 2005 (for short, "the 2005 Act"), praying for grant of her right to reside in her matrimonial house under Section 19 of the said Act.