MAJEEDAN Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Petitioner who is aged about 77 years old has approached this Court with the grievance that she and her 80 years old husband are facing harassment at the hands of respondent No. 5 who is none other than her son. It has been alleged that she purchased a land by means of a registered sale deed and constructed a house but the respondent No. 5 assaulted her and her husband and forcibly ousted them from the residential accommodation and she along with her husband has been forced to live in open sky and is facing miseries and cold without any medical treatment and arrangement for food etc. and their life has become hell. In the background of the above facts, a prayer has been made to command the opposite parties No. 2, 3 and 4, the Senior Superintendent of Police, Lucknow, Deputy Superintendent (Circle Officer), Circle Chowk, Lucknow and Station Officer, P.S. Thakurganj, district Lucknow to remove the respondent No. 5 from her residential house and to facilitate their possession of the said house.

(2.) We are conscious of the fact that the District Magistrate or the Police authorities do not have any lawful authority in this regard and the petitioner ultimately for enforcement of her legal rights shall have to undertake appropriate proceedings before a competent Court of law and a writ petition under Article 226 of the Constitution of India cannot be an appropriate remedy in the facts and circumstances of the case.

(3.) However, learned Counsel for the petitioner has placed before us the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 enacted by the Parliament. Section 4 of the Act puts an obligation to maintain a senior citizen including parents by the relation specified therein. Section 5 of the Act makes a provision for an application for maintenance before the Tribunal. Section 7 of the Act prescribes that the State Government within a period of six months from the date of commencement of the Act constitutes one or more Tribunals for the purpose of entertaining and adjudicating claims for maintenance under section 5 of the Act. Section 8 of the Act vests the Tribunal to be constituted by the State Government with the powers of the Civil Court. Monthly allowance of maintenance can be awarded by the Tribunal exercising power conferred by section 9 of the Act subject to maximum of Rs. 10,000/- per month. Section 15 of the said Act also provides a provision for constitution of an Appellate Tribunal in each district by the State Government. Under section 18 the State Government can designate the District Social Welfare Officer or any other officer not below his rank as a Maintenance Officer. Section 22 of the Act vests the State Government with the power to impose such duties upon a District Magistrate of the district as may be found necessary to ensure carrying out of the provision of the Act. The District Magistrate has been vested with the power to delegate the said power specifying an officer, sub-ordinate to him to exercise all or any of the powers, and perform all the duties so conferred and imposed.