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Judgment
Pranay Verma, J
By this petition preferred under Article 226 of the Constitution of India, the petitoner has prayed for the following reliefs:
"a. That, the petition be allowed and the Petitioner may kindly be given an opportunity of hearing before the competent authority; and/or
b. That, in alternate the proceedings may be transferred to some other competent authority and be conducted afresh: and/or
c. That, also looking at the facts and circumstances the Respondent no. 3-5 be directed to ensure that the Petitioner gets a place in her matrimonial house; and/or
d. The costs of this petition and any other relief, which this Hon'ble Court may deem fit, in the premises aforesaid, be also granted to the petitioner."
Learned counsel for the petitioner submits that an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has been filed by respondent No.2 against the petitioner before respondent No.1, wherein the proceedings are being taken in a manner which is greatly prejudicing the petitioner. Respondent No.1 is not acting in any judicious manner and is not treating the proceedings to be proceedings under an enactment. He is passing orders in a very casual manner and with an intent to proceed against the petitioner. The applications being filed by the petitioner are also not being considered.
In the available facts of the case, respondent No.1 is directed to advert to the proceedings of the case and to ensure that he affords sufficient opportunity of hearing to the petitioner and carries out the proceedings strictly in accordance with law and by complying with the principles of natural justice so as to ensure that the parties are extended full justice in the matter. He shall go through the order sheets of the case and decide applications preferred by the petitioner if any of them have not been decided. He shall conclude proceedings by following the due process of law.
Learned counsel for the petitioner has further submitted that the petitioner has been beaten recently and is in the hospital. However, there is no prayer in that regard in the petition and in any case, in respect of any criminal act having been committed upon the petitioner, she is always free to take recourse to such remedy as may be available to her under the law. From the record itself, it is evident that proceedings under the Domestic Violence Act are already pending before the Judicial Magistrate, First Class, Delhi hence it would not be appropriate for this Court to pass any order which is required to be passed under the provisions of the said Act.
With the directions as aforesaid, the petition stands disposed off.