DEEPAK KUMAR Vs. SMT. PHOOLWANTI DEVI

JUDGEMENT

(1.) The instant writ petition under Article 227 of the Constitution of India has been preferred by the petitioner Deepak Kumar being aggrieved by the order dated 16.12.2015 passed by the SDM, Sri Ganganagar directing him to pay a sum of Rs. 2500/- per month to the respondents Nos.1 and 2, being the old parents of the petitioner, and also to vacate the residential premises owned by the respondents within a period of two months.

(2.) Facts in brief are that the respondents herein, filed an application under sections 4, 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, arraying the petitioner as well as his wife Smt. Manisha as party respondents, alleging inter alia that the petitioner being their only son was not taking their care and was rather harassing them and was threatening to alienate the house exclusively owned by the respondent No.1. The respondents further pleaded that they purchased the house No.20 in Nehranagar, Sri Ganganangar a plot admeasuring 20' x 50' and gave the same to the petitioner Deepak Kumar, but he sold the same. The respondents prayed for a direction to the petitioner to make payment of maintenance to them and also to vacate the premises in question.

(3.) The petitioner and his wife, filed reply to the application claiming therein that the house in question, though was registered in the exclusive name of respondent Smt. Phoolwanti, the mother, but as a matter of fact, the petitioner and the respondents had jointly invested to buy the property. The petitioner further pleaded that the respondent Hari Prasad was involved in property dealing and was also running a furniture industry and that both the applicants were earning handsomely and were taxpayers. The petitioner denied having any substantial source of income. The petitioner and his wife further denied the allegations regarding them having been given a house in Nehranagar, Sri Ganganagar by the respondent Hari Prasad. In support of his plea regarding the respondents being taxpayers, the petitioner annexed income tax returns of Smt. Phoolwanti. He also annexed the certificate issued by the Punjab and Sindh Bank regarding Smt. Phoolwanti and Shri Hari Prasad having stood as guarantors in the OD limit of 23 lacs sanctioned in favour of Deepak Kumar in relation to the furniture industry.