DEPHNY GLADYS LOBO Vs. ASST COMMISSIONER

JUDGEMENT

(1.) The short point calling for consideration in this writ petition is whether a person who is not an Indian citizen can maintain a petition before the Sub Divisional Magistrate under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') and at the instance of such person whether the Sub Divisional Magistrate can initiate proceedings?

(2.) The petitioners have approached this Court under Article 226 of the Constitution seeking quashing of the entire proceedings in 103/15-16 (Annexure- A).

(3.) The impugned proceedings has been initiated by the respondent No.1 at the instance of respondent No.2against the petitioners herein. The passport of respondent No.2 is produced at Annexure-B. It shows that respondent No.2-Carobina Ferrao Guerin is a British citizen. Her photograph is also affixed to the passport. It is therefore evident that she is not an Indian citizen as the Constitution of India does not provide for dual citizenship. Sub-sec. (h) of Sec. 2 of the Act defines 'Senior Citizen' and it reads as follows: "h. "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above;"