Lucknow, Nov 15, : .The Allahabad High court has overturned an order by the sub-divisional magistrate of Lucknow (SDM), Lucknow Sadar, directing the eviction from the in-laws of a widowed daughter in law on the basis summary proceedings under Section 62 Senior Citizens Act.A single judge bench of Justice Vivek Chaudhary said, “In the given facts and circumstances of the case, the impugned order dated July 14 cannot stand and is set aside.”.Justice Vivek Chaudhary, a single judge, stated that the impugned July 14 order cannot be sustained and was therefore thrown out.
The court said, “Respondents (in-laws) are directed to hand over the possession of the ground floor of the House No.”Respondents (inlaws) are ordered to turn over the possession on the ground floor of House No.3/347, Vishal Khand, Gomti Nagar, Lucknow to the petitioner (daughter in-law) and her son forthwith.”.3/347.Vishal Khand and Gomti Nagar, Lucknow were given to the petitioner (daughter-in-law) immediately.
The court further stated, “Petitioner shall not in any manner interfere with the ingress and egress of the occupants of the floors above the ground floor.”Petitioner shall in no way interfere with the ingress or egress of the floor above the ground floor occupants,” the court stated.Private respondents (in-laws) also shall not disturb or interfere in any manner with the living of the petitioner and her son in the said property.”.Private respondents (in law) shall also not interfere with the lives of petitioner and her son.
The court observed that a wife cannot be evicted from her matrimonial house on the basis of the summary proceedings under the Senior Citizens Act, 2007.A court ruled that a spouse cannot be expelled from her matrimonial home on the grounds of summary proceedings under Section 7 of the Senior Citizens Act 2007.
One Khushboo Shukla had filed a petition in the high court challenging the July 14 order of the SDM (Sadar), Lucknow.One Khushboo Shukla had filed an appeal in the high court against the July 14 order by the SDM (Sadar), Lucknow.
In his order, the SDM had ordered Khushboo Shukla to vacate the house of her in-laws in Gomti Nagar.The SDM had directed Khushboo Shukla, her in-laws, to vacate their Gomti Nagar house.The SDM had passed the order on a petition filed by Shukla’s father-in-law.Shukla’s father had filed a petition to the SDM.
In her petition, Khushboo Shukla had alleged that after the death of her husband Gaurav Shukla on July 15, 2019, her in-laws started harassing her.Khushboo Shukla claimed that her in-laws began harassing Khushboo Shukla after her husband Gaurav Shukla’s death on July 15, 2019.She also told the court that after the SDM’s order, she and her child would be rendered homeless.She told the court that she and her child would be homeless after the SDM’s orders.
amita/dpb #Allahabad #stops #widowed #daughters
