SUMAN Vs. NAIB SUBEDAR BANSI LAL

JUDGEMENT

(1.) In the present petition, the prayer of the petitioner is that the petitioner is the daughter-in-law of the respondent-Senior Citizen and there is a matrimonial dispute persisting between the petitioner and respondent No.2-son of the respondent No.1-Senior Citizen and the petitioner had already availed the remedy under the Domestic Violence Act, 2005 and the competent court of law vide order dtd. 1/12/2021 (Annexure P-5), had granted injunction not to dispossess the petitioner from the premises in question but still by the impugned order passed, petitioner has been directed to vacate the premises in question.

(2.) Learned counsel for the petitioner submits that in order to overcome the order of injunction granted in favour of the petitioner, the respondent-Senior Citizen filed an application under the Maintenance of Parents and Senior Citizen Act, 2007 (for short" 2007 Act") for evicting the petitioner as well as her husband-respondent No.2.

(3.) Learned counsel for the petitioner submit that actual intent behind filing of the said application was only to evict the daughter-in-law keeping in view the fact that there existed a matrimonial dispute between the petitioner and her husband and the petitioner is living independently on the first-floor of the accommodation in question without making any interference in the life of the respondent-Senior Citizen.