(1.) One of the fond and cherished moments in a married couple's life, even though facing adverse circumstances, arrives when they are blessed with a child. Having attained the status of parents, the thought of proper up-bringing of the child becomes one of prime concern. With gradual passage of time, most of them with their love, affection and caring attitude strive to ensure good health, care and education of their child to enable him encounter any challenge that life is likely to pose and to keep him free from the evils of society. The parents sincerely wish their child to be successful in all his pursuits for a bright future. Not much is expected by the parents in return for what they have done for the child. The concept of quid pro quo is alien so far as self-respecting and responsible parents are concerned. It is not unusual for parents to yearn that their child holds a position of respectability in society. It may not materialize at all; nonetheless, if the child grows up to be successful in life (in the sense that he stands on his own feet and earns enough to maintain his parents) and, at the same time, is a person who is sensitive and alive to his moral obligations and duties, more often than not he looks after his parents well, lovingly and caringly, out of a sense of responsibility and gratitude towards his parents for they having ungrudgingly showered all that were at their disposal which acted as catalyst for his eventual success. Fortunate are those parents, who during their lifetime having gradually crossed over from the time they became parents to old age, are showered the same love, care and affection by their child which years ago they had while he needed most in his childhood and even thereafter.
(2.) However, a disturbing trend of late is discernible. Children of hapless parents, now grown up and in a position to maintain them have been failing to look after them in their times of need. Even the bare necessities of life are not being provided, not to speak of maintenance. The parents, who are at the receiving end, are often the subjects of abuse, insult and violence at the instance of their own children. Allegations of the parents being coerced to transfer property in the name of their grown up married son, mostly hen-pecked, failing which they are mentally and physically tortured is now routine. Refusal to succumb leads to acrimonious relationship and differences which snowball into property disputes. To my mind, it is greed that is the root of such disputes. By passage of time, with the increasing torture, they are devastated and ravaged. Finding it difficult to endure the torture and violence, they approach the police for assistance. Not in every case the police, acting within the parameters of law, are able to extend assistance. They are not supposed to interfere in disputes, civil in nature. Resolution of domestic disputes also does not fall within the arena of their duty. In such cases, the police are reluctant to interfere. Alleging police inaction, the Court of Writ is being flooded with petitions presented by those unfortunate parents, who are mostly in the December years of their life. Before the almighty ushers them into eternity, they urge the Court of Writ to come to their rescue by directing the police to take appropriate measures against the erring son and daughter-in-law and to protect their right to life and property, guaranteed by Articles 21 and 300A of the Constitution.
(3.) This batch of petitions, some heard analogously and some separately, are at the instance of such unfortunate parents. The common feature in these petitions is the allegation that they have been receiving a battering from their sons and daughters-in-law and their approach to the police not having yielded the desired result, the Court of Writ is urged to enforce their right to life and property. As a judge of this Court having determination to deal with residuary matters (which includes matters relating to police inaction), I have to decide the fate of these unfortunate parents.
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