LALITA KANWAR Vs. SUMER SINGH

JUDGEMENT

(1.) Matter comes up on an application seeking vacation of the ex-parte interim order dated 8th January, 2019.

(2.) Mr. Saransh Saini, learned counsel for the petitioner resisting the application seeking vacation of the ex-parte interim order dated 8th January, 2019, contended that the order impugned made by Sub Divisional Officer, Jaipur (II), is without jurisdiction for a civil appeal was already filed which was, later on, withdrawn in view of the fact that the temporary injunction was declined. Learned counsel would further contend that a glance of Section 2(b)(j) defining the term "maintenance" and "Tribunal" read in the backdrop of mandate of Section 4, 5 and 6 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, Act of 2007), does not confer jurisdiction for eviction of the petitioner, who happens to be daughter in law of the respondent No. 1 and 2 (In-Laws).

(3.) Referring to opinion of Coordinate Bench of this Court in the case of Smt. Rashmi Saxena Vs. Suresh Prakash Saxena: 2017 (3) WLC (Raj.) 312, it is vehemently contended that Section 23 of the Act of 2007, is not attracted to the case at hand for a perusal of the language employed to Section 23 would reflect that transfer of property should have been after the commencement of Act of 2007 and subject to condition that transferee was to provid basic amenities and basic physical needs to the transferor and later on fails or refuses to do so.