Elderly Couple Threatened By Daughters: Allahabad High Court Directs District Magistrate To Ensure Their Safety

The Allahabad High Court last week sought Uttar Pradesh State Government's reply on the measures taken by the State for the establishment of the tribunal and appellate tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and rules framed thereunder. The bench of Justice Pankaj Mithal and Justice Saurabh Lavania was hearing the plea of a Senior Scientist and her wife, who prayed before the Court that they be protected from their daughters, who are allegedly harassing them to claim the couple's property. The Bench directed the District Magistrate, Lucknow "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." Allegations It has been alleged by the Senior Scientist Dr. Krishna Pal Singh and her wife (petitioners) that two daughters of the petitioners and their sons-in-law are interested in grabbing the house of the petitioners and have inducted one stranger Ms. Sudha in the house with the result that the entire social life of the petitioners has been disturbed. For the purposes of their own safety, security and for the protection of their property, the Petitioner Couple earlier moved an application dated 18.06.2020 before the District Magistrate, Lucknow, however, they claimed that no action was taken on the said application. Court's Order The Court in its order noted 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. The Court further 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 dated 18.06.2020. While directing the Standing Counsel to submit the action taken report before the Court within six weeks, the Court further directed him to inform the Court as to the action taken by the State pursuant to the judgment and order of the Court in Court in the case of Km. Janki Devi and Another vs. State of U.P. and others Civil Misc. Writ Petition No.31851 of 2016. In the aforesaid case, the Allahabad High Court had directed the Chief Secretary, Government of Uttar Pradesh to issue necessary orders for implementation of the provisions of the Act and the Rules. Case title - Dr. Krishna Pal Singh (Senior Scientist) & Another v. State Of U.P. Thru Prin.Secy. Social Welfare Deptt.Lko & Ors. [MISC. BENCH No. - 23537 of 2020] Click Here To Download OrderRead Order

Elderly Couple Threatened By Daughters: Allahabad High Court Directs District Magistrate To Ensure Their Safety

Sparsh Upadhyay

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