- (1.) This petition has been filed praying for directions to quash the order dated 6.8.2015 passed by respondent No.1 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "2007 Act") directing the petitioner to vacate house No.112 , Sector 9-B, Chandigarh within ten days from the passing of this order.
(2.) The petitioner is the daughter-in-law of respondents No.2 and 3, being the wife of their son Kanwar Bir Singh Kang. The petitioner was married to Kanwar Bir Singh Kang on 3.5.1992 in accordance with Sikh rites. The marriage was registered on 11.5.1992 with the Registrar of Marriages, UT Chandigarh. After marriage, the petitioner stayed for some time at the matrimonial home i.e. H.No.112, Sector 9, Chandigarh. Thereafter the petitioner and her husband alongwith respondents No.2 and 3 (who are U.S. Citizens) went to the United States of America. While in the U.S, three daughters were born to the petitioner, namely Amber Kang, (aged about 19 years), Summer Kang (aged about 15 years) and Joon Kang (aged about 15 years). In the year 2005 the husband of the petitioner who was working in a multinational company in the U.S. , got posted in India. Along with him, the petitioner and her three daughters also shifted to India. Since then the petitioner is residing in rear portion of H.No.112, Sector 9, Chandigarh which is a six kanal house. The petitioner claims to have spent considerable amount in furnishing the house. Respondent No. 2 and 3 who had been residing in U.S.A came to India in November, 2014. It is alleged that due to differences between the petitioner and her husband, respondent no.2 started harassing the petitioner so as to compel her to leave the matrimonial house, regarding which the petitioner filed a complaint to the police on 5.11.2014. After spending some days in Chandigarh, in November 2014, respondent No.2 went back to USA. Respondents No.2 and 3 again came to India in the month of April 2015, where after the harassment and humiliation of the petitioner resumed regarding which she filed complaints Annexure P-4 to P-6. Apprehending ouster from the matrimonial home, the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred to as the "2005 Act") before Judicial Magistrate, Chandigarh on 27.4.2015 against respondents 2 and 3 alleging that after coming to India, they have, in connivance with their son (husband of the petitioner), started harassing and humiliating the petitioner with a view to forcibly dispossess her from her matrimonial home. Learned JMIC, Chandigarh vide order dated 28.4.2015 directed that the petitioner be not dispossessed from H.No.112, Sector 9-B, Chandigarh till the next date. Thereafter, the order has been continued from time to time and status quo regarding possession has been directed to be maintained.
(3.) It is alleged that as a counter blast to the aforesaid application filed by the petitioner, respondents No.2 and 3 filed CWP No.9021 of 2015 praying for direction to the police of U.T. Chandigarh to protect their life and liberty at the hands of the petitioner and her mother. During pendency of this writ petition, respondents No.2 and 3 filed an application dated 8.6.2015 under section 21 and 22 of the 2007 Act read with Rule 19 of the Chandigarh Maintenance of Parents and Senior Citizens Rules, 2009 (hereinafter referred to as the "2009 Rules") for protection of their life and property i.e. the residential H.No.112, Sector 9, Chandigarh at the hands of the petitioner and her mother Smt. Surender Kaur. It was claimed therein that house No.112, Sector 9- B, is wholly owned by respondent No.2. Fifty per cent share in respect of this plot was transferred in his favour on the basis of registered Will dated 23.1.1991 of his late father Shri Ajmer Singh. The remaining 50 per cent of this house held by Smt. Jagir Kaur (wife of late Ajmer Singh and mother of respondent No.2) was transferred in his favour vide letter dated 9.5.2002 on the basis of court decree dated 24.7.1996. It was stated in the application that Respondents No.2 and 3 were earlier working in USA and decided to shift to H.No.112, Sector 9, Chandigarh in the evening of their life as they were not keeping too well and as domestic help was very expensive in the U.S. Ever since they started residing in the said house, they have been harassed by the petitioner and her mother who has come to stay with her. The petitioner filed false complaints against them on two occasions i.e. 15.4.2015 and 24.4.2015 and even called the police and abused them in the presence of the Police. On 3.5.2015 she forcibly locked some of the rooms on the ground floor blocking their access, besides, false applications were made against the domestic help of respondents so that she may refuse to work for them. The driver of respondents No.2 and 3, Ganga Ram was involved in a false case. They accordingly prayed that the petitioner be prohibited to interfere in their peaceful possession.;