LAWS(KER)-2018-12-172

JAYASREE Vs. UNION OF INDIA,

Decided On December 06, 2018
JAYASREE Appellant
V/S
UNION OF INDIA, Respondents

JUDGEMENT

(1.) The broad grounds on which legislations and its provisions are called upon to answer constitutional validation are now fairly well laid out. The potentiality of a law being employed to misuse and to mal-application, is one among such grounds, asserts the petitioner and this Court's answer to this singular assertion would effectively obtain closure to the other legal contentions urged in this writ petition.

(2.) The daughter of a senior citizen has filed this writ petition assailing Sec. 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "The Act" for brevity), asserting that its provisions have the wherewithal to be misused by the Competent Authority and therefore, violative of Art. 14 and 21 of the Constitution of India.

(3.) Since the ossature on which the foundational facts are built upon by the petitioner revolves around Sec. 24 of the Act, it becomes necessitous to extract it as under, to enable an easy reference: