GARGI VERMA Vs. DISTRICT MAGISTRATE, AMBALA

JUDGEMENT

(1.) Through instituting the present writ petition, the petitioner impugns the order dtd. 28/2/2020, whereby the respondent No.1- District Magistrate, Ambala, has directed her eviction from the house in question.

(2.) Succinctly stated, the respondent No.2, who is the father-in-law of the petitioner, filed an application under Sec. 22(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act of 2007"), alleging that the marriage between the petitioner and his son was solemnized on 25/11/2013. Subsequent to the marriage, his son left for Malaysia to earn his livelihood, during which period the petitioner lodged a frivolous complaint against them with the police. It was further alleged that the son of the respondent No.2 instituted divorce proceedings before the Family Court, Ambala, wherein an ex parte decree of divorce was granted. The respondent No.2 further alleged that on 5/11/2018, while he was away at his daughter's residence in Agra, the petitioner forcibly broke open the lock of his house and stole jewellery and cash. It was also alleged that the petitioner threatened to falsely implicate them in cases, forcibly occupied the house in question, and subjected them to harassment on account of matrimonial discord between her and the son of the respondent No.2. On the basis of these allegations, the respondent No.2 sought eviction of the petitioner from the house in question.

(3.) Consequent upon filing of the application (supra), the District Magistrate called for a report from the Sub-Divisional Officer (Civil), Ambala, regarding the ownership and possession of the house in question. The S.D.O., vide report dtd. 29/11/2019, reported that the house comprised two rooms, a drawing room, a store, a lobby, two bathrooms and a kitchen, out of which one room was in possession of the petitioner, whereas the remaining portion was stated to be in possession of the respondent No.2.