LAWS(P&H)-2018-11-182

GURVINDER KAUR Vs. STATE OF PUNJAB

Decided On November 22, 2018
GURVINDER KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing the notification dtd. 27/11/2014 by which the action plan has been notified in terms of Sec. 22(1) and (2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, "the Act") and Rule 23 of the Punjab Maintenance and Welfare of Parents and Senior Citizen Rules, 2012 (for short "Rules").

(2.) In brief, respondent No.4 is the father-in-law of the petitioner who had filed the petition under Sec. 22 of the Act before the District Magistrate, Ludhiana, for seeking eviction of the petitioner and her husband Gurpreet Singh from his house stated to be his self acquired property, inter alia, on the ground that they are causing mental harassment to him. The said petition was allowed on 30/9/2015 and both the petitioner and her husband were ordered to vacate the house in question within a period of thirty days.

(3.) Initially, the husband of the petitioner alone had filed CWP No.24508 of 2015 titled as "Gurpreet Singh Vs. State of Punjab and others" before this Court against the order dtd. 30/9/2015, which was dismissed on 1/12/2015. The petitioner, however, filed a review application bearing RA-CW-498-2015 claiming her own rights to stay in the property in dispute being the daughter-in-law but her review application was disposed of on 7/1/2016 with the following order:-