JITENDRA YADAV Vs. STATE OF M.P & OTHERS.

JUDGEMENT

(1.) The present writ petition by way of public interest litigation has been filed by the petitioner seeking directions against the respondents to comply with the provisions of Rule 20 of Chapter VI of the Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (in short "the Rules of 2009") framed under the provisions of the Maintenance and Welfare of Senior Citizens Act, 2007 (herein after referred as 'the Act').

(2.) According to the petitioner, the respondents are not complying with the various provisions of sub-rules of Rule 20 (2) of the Rules of 2009 nor they are maintaining registers and following the procedure as provided under the Rules of 2009. The petitioner approached the respondents and asked for the information about the aforesaid registers to be maintained by the respondents under Rule 20 of the Rules of 2009 but inspite of his application under the Right to Information Act , 2005, no information has been supplied to the petitioner.

(3.) The Act was enacted to provide for more effective provision for maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental there to under Section 4 of the Act, a senior citizen including a parent who is unable to maintain himself from his own earning or out of property owned by him is entitled to make application under Section 5 against one or more of his children not being a minor. Section 2 (b) of the Act, defines the term maintenance to include a provision for food, clothing and residence and medical attendance and treatment. Section 5 empowers the Tribunal constituted under the Act to pass an order of maintenance pending the proceedings and to direct the children or the relative as the case may be to make payment of a monthly allowance by way of interim relief.