The Allahabad High Court while disposing the petition observed that the children are expected to look after their elderly parents properly which is not only a value-based principal but a bounden duty as mandated by law. It is often seen that after receiving the property from their parents, the children abandon their old aged parents.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed this order while hearing a petition filed by Chhavi Nath.
By means of the petition, the petitioner has sought following reliefs:- “
(i) Issue a writ order or direction in the nature of mandamus directing the respondent concern to pass order on the representation dated 6.10.2022 and 10.10.2022 whereby restrained to the private respondent not to interfere in the peaceful possession of the land in question of petitioner.
(ii) Issue a writ order or direction in the nature of mandamus directing the respondents to provide basic requirements for human survival to the petitioner.
(iii) Issue any other writ order or direction in the nature of mandamus which the court may fit and proper in facts and circumstances of the case.
(iv) Award costs of the petition to the petitioner.”
From the perusal of the record, it transpires that the petitioner is aged about 85 years old and is unable to maintain himself.
It is claimed that the petitioner is the owner of arazi lands.
It is claimed that instead of taking care and giving emotional shelter at the old age, sons of the petitioner (private respondents herein) harassed him and dispossessed the petitioner to his holdings.
So far as the grievance of the petitioner is concerned, the Court found that the petitioner has already filed representation dated 6.10.2022, before the Sub- Divisional Magistrate, Handia, District- Prayagraj for redressal of his grievance, which is still pending consideration.
The Court observed that the children are expected to look after their elderly parents properly which is not only a value-based principal but a bounden duty as mandated by law.
For this purpose, the Parliament was pleased to enact the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to uphold the dignity and respect of a senior citizen in old age. Apart from physical vulnerabilities, they face emotional and psychological challenges. On account of these frailties, they are totally dependent on their children.
It is often seen that after receiving the property from their parents, the children abandon their old aged parents. When an old parent gifts his hard earned property, at the time when he is old, weak, ill, almost not earning, dependent & weary, it is not only expected but the children are both under moral and legal obligation and bounden duty to take care of their donor parent. Our nation has been a land of culture, value & ethics.
It is a land of legendary “Shravan Kumar” who sacrificed his life aged blind parents. The traditional norms and values of the India society emphasize on the duty of taking care of elders.
In our traditional society, duties of children towards one’s parents were considered as a debt owed to them, the Court said.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, the Court disposed of the petition with a direction to the Sub-Divisional Magistrate, Handia, District-Prayagraj (respondent No 2) to decide the petitioner’s representation strictly in accordance with law after hearing all the stakeholders in the matter within a period of six weeks from the date of production of a certified copy of the order before him.
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