HC quashes eviction order against woman cop, 3 kids - Hindustan Times
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HC quashes eviction order against woman cop, 3 kids

By, Chandigarh
Nov 20, 2022 04:42 AM IST

The Ambala court order against the woman, who is a cop, had come on the plea of one Buta Ram, who had sought her eviction from his property under the Maintenance and Welfare of Senior Citizens Act, 2007.

The Punjab and Haryana high court has quashed an eviction order against an Ambala woman and her three children after the court learnt that her estranged husband had transferred the property in question to his father, months before initiating divorce proceedings against her.

The Ambala court order against the woman, who is a cop, had come on the plea of one Buta Ram, who had sought her eviction from his property under the Maintenance and Welfare of Senior Citizens Act, 2007. Under the 2007 law, a parent can get a property registered in his name vacated if his children fail to look after him. (HT Photo)
The Ambala court order against the woman, who is a cop, had come on the plea of one Buta Ram, who had sought her eviction from his property under the Maintenance and Welfare of Senior Citizens Act, 2007. Under the 2007 law, a parent can get a property registered in his name vacated if his children fail to look after him. (HT Photo)

The Ambala court order against the woman, who is a cop, had come on the plea of one Buta Ram, who had sought her eviction from his property under the Maintenance and Welfare of Senior Citizens Act, 2007. Under the 2007 law, a parent can get a property registered in his name vacated if his children fail to look after him.

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“In totality of the circumstances, this court finds that the facts involved in the present petition neither appears to be prejudicial to the life and liberty of respondent No. 1 (father in law) nor harmful to the property owned by him. Therefore, this court does not find any factual or legal basis to sustain the order impugned in the present petition. ……the action of respondent No. 1 was collusive in nature and, therefore, the proceedings initiated by respondent No. 1, being non-bona fide, cannot be permitted to continue any further,” the court said.

It had come before court that the house in question was transferred by Buta Ram in the name of his son sometime after his marriage in 2006. But his son, also a cop, got embroiled in several FIRs and left the house in 2018, leaving behind the petitioner Parvinder Kumar and his three children behind.

His father, a senior citizen, lived with his other son at some distance from the property. However, in May 2020, Parvinder Kumar transferred the ownership of the house in question to his father and in October 2020 filed for divorce. Thereafter, the father filed a plea under the Senior Citizens Act to get the woman and her children evicted from the house in question. The Ambala additional district magistrate passed the eviction order in March 2021, which was under challenge in high court.

The woman told the high court that her father-in-law had initiated the proceedings just to oust her and three children. She had also offered to handover some portion of the house, and continue to reside in the remaining portion with her children, but he did not agree.

The bench of justice Rajbir Sehrawat observed “..there is substance in the arguments raised …that the proceedings against the petitioner (woman), in all their manifestations, are collusive in nature; being in tandem with the desire of husband of the petitioner.”

The woman had even offered to maintain her father-in-law by paying all bills. However, it seemed that her father-in-law did not seem to seemed to be not interested in residing in the house as he resided with his other son. Hence, the question of not maintaining the father-in-law does not arise. Moreover, she was not responsible to maintain him, the bench said, quashing the eviction order.

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