While deciding a reference about a four-year-old case, a division bench of Chief Justice Augustine George Masih and Justice Sameer Jain ruled that the Maintenance Tribunal has the power to order an eviction, but it has to exercise caution. The HC made it clear that the tribunal has to take into account all the facts and hear both sides while passing the order of eviction. If other cases, including those related to domestic violence, are going on parallelly, the order will have to be passed keeping them in mind, ruled the HC.
It was in the case of Omprakash Saini vs Manbhari Devi that a single bench had sent the reference to the division bench on September 12, 2019. The Maintenance Tribunal, while giving a decision in favour of Manbhari Devi, had ordered the eviction of her grandson, Omprakash, from her property. TNN
