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Synopsis

While dealing with a writ petition filed by an 85-year-old man accusing his sons of harassing him and dispossessing him of his holdings, the Allahabad High Court recently observed that the traditional norms and values of the Indian society emphasize the duty of taking care of elders.

The division bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar said, "Our nation has been a land of culture, value & ethics. It is a land of legendary 'Shravan Kumar' who scarified his life aged blind parents The traditional norms and values of the India society emphasize on the duty of taking care of elders".

In our traditional society, duties of children towards one's parent were considered as a debt owed to them, the bench emphasised. 

Regarding the present matter, court noted that the petitioner had already filed a representation before the concerned Sub- Divisional Magistrate last year for redressal of his grievance, which was still pending consideration.

Therefore, it deemed it fit to make some observations before passing any orders in the matter, regarding children's duties towards parents. 

"The children are expected to look after their elderly parents properly which is not only a value-based principal but a bounden duty as mandated by law," the division bench said. 

It pointed out that for this purpose, the Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to uphold the dignity and respect of senior citizens in old age.

"Apart from physical vulnerabilities, they face emotional and psychological challenge. On account of these frailties, they are totally dependent on their children," the bench underscored. 

It, however, added that it is often seen that after receiving the property from their parents, the children abandon their old aged parents.

"When an old parent gifts his hard earned property, at the time when he is old, weak, ill, almost not earning, dependent & weary, it is not only expected but the donee children are both under moral and legal obligation and bounden duty to take care of their donor parent", the bench held.

In the present matter, court held that no useful purpose would be served in keeping the writ petition pending.

Therefore, court disposed of the petition, with a direction to the concerned Sub-Divisional Magistrate to decide the petitioner's representation strictly in accordance with law after hearing all the stakeholders in the matter within a period of six weeks from the date of production of a certified copy of the order. 

Case Title: Chhavinath v. State Of U.P. And 7 Others