VINOD SHARMA Vs. SHANTI DEVI

JUDGEMENT

(1.) This Court is called upon to examine the legality, propriety and correctness of the order dtd. 5/1/2022, passed by the Maintenance Tribunal and S.D.O. (North), Jodhpur (hereinafter referred to as 'the Tribunal') whereby the petitioner and respondent Nos.3 and 4 each have been ordered to deposit a sum of Rs.3,000.00 per month in the bank account of respondent Nos.1 and 2 - lesser privileged parents.

(2.) Had this order confined to payment of maintenance, this Court would not have interfered in the matter, but the indulgence of this Court is necessitated because of the other direction relating to eviction of the non-applicant No.3 (petitioner herein) who has been residing in the house of the applicants (respondent Nos.1 and 2 herein).

(3.) The conundrum, which is to be solved in the present case is, whether pursuant to an application filed under Sec. 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act of 2007') read with Rajasthan Maintenance of Parents and Senior Citizens Rules, 2010 (hereinafter referred to as 'the Rules of 2010'), can an order of eviction be passed by the Tribunal constituted under the Act of 2007.