JOGINDER SINGH VERMA Vs. RAJESH VERMA

JUDGEMENT

(1.) THE petitioner, who is father of the respondent, initiated contempt proceedings against him under Sections 10/12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the "Act"), for the willful disobedience of the order dated 05.05.2014 passed by this Court in CWP No.742 of 2014.

(2.) THE petitioner, aged about 72 years, is the owner of House No.426, Sector -14, Faridabad, allotted to him by the Haryana Urban Development Authority in the year 1970. The six yearly installments were paid by the petitioner and he built the house after taking house building advance from his department in the year 1986 -87. The loan amount was also repaid by the petitioner from his salary.

(3.) THE petitioner made a complaint to the Maintenance Tribunal against the respondent under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as the "Act of 2007") for the alleged misbehaviour and torture by the respondent and his wife and also prayed that the respondent, who is occupying one portion of his house, may be asked to vacate it. The Maintenance Tribunal, Faridabad, vide its order dated 20.03.2013, directed the respondent to vacate the house in question by 10.04.2013. The respondent filed the statutory appeal before the District Collector and First Appellate Court under the Act of 2007. The said appeal was dismissed on 29.10.2013, holding that the property in question is the self -acquired property of the petitioner and not the ancestral one, as alleged by the respondent. The petitioner and his wife are heart patients and old who have a right to live their life peacefully in their house. The respondent challenged both the orders dated 20.03.2013 and 29.10.2013 before this Court by way of filing CWP No.742 of 2014, in which the petitioner was arrayed as respondent No.4 and an interim order was passed on 03.02.2014, which reads as under: -