RAMESH KUMAR SONI Vs. SAMPAT RAJ SONI

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

(2.) In the present writ petition, the dispute is between a father and his son. The sole respondent, who is the father of the petitioner, filed an application under Sec. 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act of 2007") before the Presiding Officer, Maintenance Tribunal-cum-Sub Divisional Officer, Bhilwara (hereinafter referred to as "the learned Maintenance Tribunal"). In the said application, the respondent stated that his son (the petitioner) and daughter-in-law had been living separately for more than twenty years; however, on 28/1/2023, they forcibly entered his house. It was further alleged that the petitioner, who is unemployed, frequently returns home in an intoxicated condition and harasses him for money. The respondent also stated that the daughter-in-law supports the petitioner in such acts. As per the averments, the petitioner has been threatening his parents for money and asking them to vacate the house.

(3.) The petitioner filed a detailed reply before the learned Maintenance Tribunal, denying all allegations. It was contended that the subject property is not the self-acquired property of the respondent and, therefore, the petitioner and his family cannot be compelled to vacate the same. It was further stated that on 10/7/2023, the respondent misbehaved with the petitioner's wife and attempted to outrage her modesty, whereupon FIR No. 231/2023 was registered at Police Station Bilara under Ss. 341, 323, and 354 IPC, which is presently under investigation. It was also stated that the petitioner's wife sustained injuries in the said incident.