Old Age Couple Moves to Allahabad HC Seeking Protection From Their Daughters

The Allahabad High Court at Lucknow has issued direction to the District Magistrate take steps under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for protecting the old couple from their daughters and son in law.

A Writ Petition was filed before the Allahabad High Court at Lucknow by a retired senior scientist and his wife alleging that the two daughters of the petitioners and their sons-in-law are interested in grabbing the house of the petitioners. For this purpose they have inducted one stranger Ms. Sudha in the house with the result that the entire social life of the petitioners has been disturbed.

The Petitioners moved an application before the District Magistrate Lucknow for the protection of their property no action has been taken on the said application.

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Counsel for the Petitioners Shri Daya Shankar Tripathi pleaded that the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 framed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 casts an obligation upon the district administration, specially, the District Magistrate to ensure that the life and property of senior citizens of the district are protected and they are able to live with security and dignity.

A Bench of Hon’ble Justice Pankaj Mithal and Hon’ble Justice Saurabh Lavaniya observed that in view of Rule – 21 of the said Rules, the District Magistrate is duty bound to take appropriate steps and action on the aforesaid application of the petitioners.

Accordingly, the Court directed the District Magistrate to take immediate action as far as possible within a period of one month from the date of copy of this order is produced before him. The Court has directed the Standing Counsel to submit action taken report.

Why Directions in Janki Devi not complied?

Further, the Court has directed that the Standing Counsel on the next date shall also inform the Court as to the action taken by the State pursuant to the judgment and order dated 30.10.2017 passed by the Division Bench of this Court in Civil Misc. Writ Petition No.31851 of 2016 (Km. Janki Devi and Another vs. State of U.P. and others).

In Janki Devi case the Allahabad High Court had issued directions for the nomination of the designated officer, the establishment of the tribunal, old age homes and to take steps to sensitize the public through media publicity. 

Case Details:

Title: Dr. Krishna Pal Singh (Senior Scientist) & Another vs State of U.P. and Others

Case No. MISC. BENCH No. – 23537 of 2020

Coram: Hon’ble Justice Pankaj Mithal and Hon’ble Justice Saurabh Lavaniya

Date of Order: 02.12.2020

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