PREM KUMAR Vs. KRISHAN KUMAR SHARMA AND ORS.

JUDGEMENT

(1.) This is an avoidable and unfortunate litigation between son and father. Challenge in the instant writ petition is to order dated 07.10.2014 (Annexure P-5) passed by respondent No. 3 and order dated 30.04.2015 (Annexure P-9) passed by respondent No. 4.

(2.) Over the years the law has become more complicated and more involved in the different areas of people's lives. Sometimes the law appears to be meddling and intrusive particularly in family disputes and private life. There has to be a balance between people's right to live and the right of the law to intervene on behalf of the society. The balance between the needs of society and people's individual rights applies to families too.

(3.) Brief facts of the case are that respondent No. 1- Krishan Kumar Sharma son of Tilak Ram Sharma filed an application under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act") before respondent no. 3 for payment of monthly maintenance allowance to the tune of Rs. 20,000/- from the petitioner and respondent No. 2 and for eviction of the petitioner and respondent No. 2 from House No. 24673, Haji Rattan Link Road, Bhangu Hospital, Bathinda to the effect that he is 70 years of age. He has two sons, namely, Prem Kumar (petitioner herein) and Madan Lal Sharma(respondent No. 2 herein) and one daughter. His wife had died about 10 years ago and House No. 24673 is his self acquired property, which he had to purchased about 45 years ago. The petitioner has occupied this house. Likewise, he is owner of a Chemist shop, which has also been occupied by the petitioner. Now, he has grown old and his body organs do not work property and he is leading a life of penury and starvation. Vide order dated 07.10.2014 (Annxure P/5), the Sub Divisional Magistrate, Bathinda allowed the application by following observations:-