IN THE HIGH COURT OF PUNJAB HARYANA AT
CWP No.26373 of 2017
Date of decision: November 20, 2017
Meetu Sagar …Petitioner
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Bimal Maini, Advocate for the petitioner.
Rajan Gupta, J.
Petitioner has impugned order dated 18.09.2017, passed by
District Magistrate, Panchkula, allowing the application filed by her mother-
in-law seeking eviction of petitioner from the house in question.
Sudha Sagar (respondent No.3 herein) filed a petition under the
Senior Citizens Welfare and Maintenance Act, 2007 (hereinafter referred to
as “2007 Act”) stating that petitioner and her husband had made her life
miserable by picking up quarrels. In her old age, she was being subjected to
mental and physical harassment. As she alongwith her husband were
exclusive owners of the property, they had right to live peacefully without
disturbance from any quarter.
It appears, the District Magistrate issued notice to the petitioner
and her husband on 25.8.2017 and 13.9.2017. They failed to appear. As a
result, the authority proceeded to decide the case. It is undisputed that
respondent No.3 Sudha Sagar and her husband namely, Daya Sagar are
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owners of the property and have right to live peacefully in their old age.
There is, thus, no ground to interfere in writ jurisdiction of this court. Plea
of the petitioner that matrimonial litigation between her and her husband has
been pending, has no bearing on the proceedings under the 2007 Act.
During the course of hearing, a query was put to the petitioner whether any
complaint regarding matrimonial discord was made to any authority since
solemnization of marriage on 9.12.2004. In response, it was stated that first
complaint was made on 14.11.2016. In view of the fact that petitioner and
her husband lived peacefully for almost twelve years and no complaint of
harassment or maltreatment was made by the petitioner, possibility of this
plea having been taken to defeat the rights of the respondent No.3 cannot be
ruled out. Petition is without any merit and is hereby dismissed.
November 20, 2017
Whether speaking / reasoned Yes / No
Whether Reportable: Yes / No
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