Bombay High Court
Ms. Riddhi D/O. Prasanna Dawle, Minor ... vs Smt. Pratibha Wd/O. Prabhakar Dawle And ... on 25 October, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2023:BHC-NAG:15626-DB
1 12-WP-7225-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7225 OF 2023
(Ms Riddhi d/o Prasanna Dawle & Anr. Vs. Smt. Pratibha wd/o Prabhakar Dawle & Ors.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri N.B. Kalwaghe, Counsel for the petitioners.
Shri A.M. Deshpande, in-charge Government Pleader for respondent no.3.
CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ.
DATE : OCTOBER 25, 2023 Heard.
2] The challenge raised by the petitioners, petitioner no.1 being the minor daughter of petitioner no.2 who in turn is the wife of respondent no.2, is that in the proceedings filed by respondent no.1 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "Act of 2007"), eviction of the petitioners has been sought. In this regard, notice dated 11/8/2023 issued to petitioner no.2 is under challenge. 3] We find that at this stage, a show cause notice has been issued to the petitioners calling upon them to file reply to the prayers made in the proceedings initiated by respondent no.1. It would be permissible for the petitioners to raise all possible defences including the defence that no order of eviction could be passed in proceedings under the Act of 2007.
4] In that view of the matter, we are not inclined to entertain the Writ Petition. By observing that the petitioners are at liberty to raise all permissible grounds in accordance with law, the Writ Petition is not entertained. In case any adverse order is passed against the petitioners, the same shall not be given effect to for a period of 15 days. All points raised are kept open.
(ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.)
SUMIT
Signed by: Mr. Sumit Agrawal
Designation: PA To Honourable Judge
Date: 25/10/2023 19:11:54