RAM AUTAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking quashing and setting aside of the proceeding bearing no. 05 of 2015 initiated before the Maintenance Tribunal constituted under Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 on the application of the Opposite Party Nos.2 and 3 wherein notice vide letter no. 850 dtd. 24/3/2015 was issued.

(2.) The relevant facts of the case as emerging from the record is that the Opposite Party Nos.2 and 3 are father-in-law and mother-in-law of the Petitioner and they have filed on application before the Maintenance Tribunal against the Petitioner and his wife (daughter of Opposite Party Nos.2 and 3), Shobha Devi, who is the Opposite Party No.4 herein. From the perusal of the application, it transpires that the applicants have not sought for any maintenance from the Opposite Parties, who is the Petitioner and Opposite Party No.4 herein, nor has he sought any declaration regarding transfer of any property as void. As per the application, they are aggrieved by the ill- treatment/torturing and nuisance created by them on the land belonging to the petitioner and causing intimidation to them. It further transpires that on the application, notice has been issued to the Petitioner and his wife (Opposite Party No.4 herein) to appear before the Tribunal and file their objection, if any, with documents.

(3.) I heard learned counsel for the Petitioner, learned Amicus Curiae and learned APP for the State. However, nobody is present on behalf of the Opposite Party No.2, 3 and 4 despite service of notice.