High court of Allahabad directs the former Judge and his wife to approach the District Magistrate for alleged eviction by son:
The high court of Allahabad directed the former Justice Anjani Kumar and his wife to approach the District Magistrate, Prayagraj with their grievances. The former judge and his wife had filed a petition in the High Court against their own son for illegally evicting them from their own house.
The bench of Justice Shashi Kant Gupta and Pankaj Bhatia said that the petitioners could avail of a remedy under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Maintenance and Welfare of Parents and Senior Citizens Rules, 2014. Although the Legislature has enacted the aforesaid laws no mechanism has been provided for implementation of the orders passed thereunder.
On the behalf of the petitioner Advocate Tarun Agrawal told the Court that apart from other properties, the disputed house was also registered in the name of the petitioners. He says that the name of the petitioner was recorded in the records of the Nagar Nigam, Prayagraj and their son had no right to evict the petitioners forcefully.
So , on listening to the matter the High Court granted liberty to the petitioners to file an appropriate application under the state laws before the District Magistrate, Prayagraj within ten days enclosing therewith the relevant papers.
The petitioner’s son has been directed to appear before the District Magistrate on November 19, 2020.