WPMS/3531/2025
2025 Latest Caselaw 6523 UK

Citation : 2025 Latest Caselaw 6523 UK
Judgement Date : 23 December, 2025

[Cites 3, Cited by 0]

Uttarakhand High Court

WPMS/3531/2025 on 23 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

             Office Notes, reports, orders or
SL.          proceedings or directions and
      Date                                                                   COURT'S OR JUDGES'S ORDERS
No                Registrar's order with
                       Signatures




                                                WPMS No.3531 of 2025
                                                Hon'ble Pankaj Purohit, J.

Mr. Sagar Kothari, learned counsel for the petitioner.

2. Mr. S.K. Nailwal, learned Standing Counsel for the State.

3. By means of present writ petition under Article 227 of the Constitution of India, petitioner has put to challenge the judgment and order dated 16.08.2024, passed by learned Maintenance Tribunal/SDM, Sadar, Dehradun in Case No.52 of 2021-22, Sudhir Awasthi vs. Vivaswan Awasthi & others, annexure-17, whereby the petition moved by the petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as well as the judgment and order dated 05.08.2025, passed by learned Appellate Tribunal/District Magistrate, Dehradun in Appeal No.03 of 2024, Sudhir Awasthi vs. Vivaswan Awasthi & others, annexure-19 to the writ petition, whereby the appeal preferred by the petitioner has been dismissed and the order passed by learned Maintenance Tribunal was upheld.

4. It is contended by the learned counsel for the petitioner that the dispute is between the petitioner, an aged father of 75 years, his wife, and respondent no. 1, his younger son. The petitioner is 75 years old and is under threat of being evicted from the subject matter of the case. The house was constructed by the petitioner,

but it is registered in the name of his wife.

5. Issue notice to the respondent nos.1 & 2, returnable within six weeks.

6. Steps to be taken within a week.

7. List on 23.03.2026.

8. In the meantime, it is directed that the petitioner shall not be evicted from the house in-question and shall be allowed to live a peaceful and dignified life.

(Pankaj Purohit, J.) 23.12.2025 AK