PRAKASH RANI vs MRS. POONAM SETHI & ANR.

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5857/2024, CM APPL. 24213/2024 & CM APPL. 24215/2024 Date of Decision: 11.05.2026 IN THE MATTER OF: PRAKASH RANI .....Petitioner Through: Ms. Aditi Gupta, Mr. Amandeep Joshi, Ms. Lavanya Bhardwaj and Mr. Akash Deep, Advs. versus MRS. POONAM SETHI & ANR. .....Respondents Through: Mr. Kotla Harshavardhan, Ms. Gayatri Gupta (Through the Delhi High Court Legal Aid Service Committe), Advs. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The petition is for setting aside the order dated 29.01.2024 passed by the Appellate Authority under Rule 22 of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (Rules) framed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act). 2. The impugned order arises out of the peritioner’s application under Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:14.05.2026 By:PURUSHAINDRA 19:51:22 KUMAR KAURAV Rule 22(3) of the Rules, for eviction of the respondents from house bearing No. B-36A, Indira Niketan, North Chajjupur, Sahadara, Delhi-110094 (property in question). The petitioner is a senior citizen, and respondent no. 2 is her son. Respondent no. 1 is the wife of respondent no. 2. 3. The petitioner had alleged that the respondents lived on the second floor of the property in question, whereas she lived on the ground floor, and that she was facing persistent physical and mental harassment by them. The District Magistrate, thereafter, on 04.05.2023, allowed the petitioner’s application, considering that the respondents had not appeared to put forth their case and after finding that the allegations of ill-treatment were substantiated by the report of th