ASHWANI KUMAR Vs. ADDITIONAL DISTRICT MAGISTRATE PATIALA

JUDGEMENT

(1.) This petition is filed by the mother-in-law and father-inlaw of respondent No.5 against the order dated 25.7.2018 passed by the Additional District Magistrate, Patiala by which application filed by them under section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') has been dismissed.

(2.) In brief, the petitioners' son Rahul got married with respondent No.5 on 17.6.2011.

(3.) Learned counsel for the petitioners has submitted that due to incompatibility of the son of the petitioners and respondent No.5, the respondent No.5 filed a complaint under the Protection of Women from Domestic Violence Act, 2005 before the Additional Chief Judicial Magistrate, Patiala and their son Rahul filed a petition under section 11 of the Hindu Marriage Act, 1955 against respondent No.5 before the Additional District Judge, Patiala for declaring the marriage void. It is also submitted that respondent No.5 is working as a drawing Teacher in Government High School, Gangrola, District Patiala. It is submitted that since respondent No.5 was not having good relations with the petitioners and was causing unnecessary harassment, therefore, the petitioners filed this application under Sec. 22-C of the Act for seeking her eviction from their house claiming her to be in unauthorised possession. It is also submitted that their son Rahul is living separately somewhere in Ludhiana. Counsel for the petitioners has further submitted that the Additional District Magistrate Patiala has committed patent error of law in dismissing their application on the ground that their son is residing with them.