MAYA DEVI Vs. VISHWESHWAR DAYAL

JUDGEMENT

(1.) These batch of writ petitions have been filed by the petitioners/non-applicants under Sec. 227 of the Constitution of India challenging the orders passed under Sec. 9 of 'The Maintenance and Welfare of Parents and Senior Citizen Act, 2007' (for short 'the Act of 2007') by the Maintenance Tribunal constituted under Sec. 7 of the Act of 2007 on an application for maintenance filed under Sec. 5 of the Act of 2007.

(2.) S.B. Civil Writ Petition Nos.17596/2018 and 14495/2020 have been filed by the petitioners against the orders passed by the Appellate Tribunal constituted under Sec. 15 of the Act of 2007 on filing of appeals under Sec. 16 of the Act of 2007, whereby the Appellate Tribunal dismissed the appeals being not maintainable.

(3.) For ready reference, the facts of S.B. Civil Writ Petition No.11941/2021, Maya Devi Vs. Vishweshwar Dayal and Anr., are being taken into consideration. In this case, the respondents/ applicants namely; Vishweshwar Dayal and Sampat Devi filed an application under the provisions of the Act of 2007 before the Maintenance Tribunal with the prayer to dispossess the petitioner/non-applicant Maya Devi from their residential house. It was stated by the respondents/applicants in the application that respondent/applicant No.l- Vishweshwar Dayal is a retired Army person and after his retirement, they constructed a house for their own residence at Village Bhamarwasi (Mohanpura). It was alleged in the application that on 6/2/2021 the petitioner/ non-applicant Maya Devi came with her brother and gave beating to them for which an FIR No.40/2021 was registered at Police Station Baggad, wherein charge-sheet was submitted against the accused persons. However, both the parties entered into a compromise. Thereafter, petitioner/non-applicant Maya Devi lodged an FIR No.25/2021 at Police Station Mahila Thana, Jhunjhunu, against the respondents/ applicants. In such circumstances, the petitioner/non-applicant prayed to dispossess the respondents/applicants from the house, to hand over the possession of the house to her and also prayed to restrain the respondents/ applicants from entering in her house.