- (1.)Petitioner has filed the present writ petition against the respondents seek- ing relief to issue writ of mandamus and command respondents no.1 and 2, i.e. State of Madhya Pradesh and IG(P) to evict respondent no.3, i.e. Sunita Soni from the house belonging to the petitioner.
(2.)Brief facts of the case, in short, is that petitioner Ratan Chand Soni is the father in law of respondent no.3. Son of petitioner namely Sandeep Soni has done love marriage with respondent no.3 namely Sunita Chugh on 22/6/1998 from Arya Samaj Mandir Jabalpur. Petitioner was not in good terms with his son Sandeep Soni. Son of petitioner took various houses on rent and was not able to settle his life, therefore, he requested his father, i.e. the petitioner to permit him to live alongwith family on the second floor of the house which is lying vacant. Son of petitioner and respondent no.3 were allowed to live in second floor of the house and since then respondent no.3 is living in the house of petitioner. Later on, married life of petitioner and his wife became difficult in the house and they are subjected to various type of harassment done by respondent no.3. She uses filthy language against them and at that time they were also locked inside the house. She also instigates their son to assault them. Petitioner is unable to live a peaceful life in the house, therefore, he has filed the present writ petition for eviction of respondent no.3 from the house in question.
(3.)Counsel appearing for the respondent submitted that petition filed by the petitioner is not maintainable as the daughter-in-law does not fall within the definition of children under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as 'Act of 2007'). It is submitted by counsel appearing for the respondent that this petition is not maintainable and same deserves to be dismissed.