India Is Shravan Kumar's Land, Children Expected To Look After Their Elderly Parents Properly: Allahabad High Court

Noting that children are expected to look after their elderly parents properly, the bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar also opined that this duty of the children is not only a value-based principle but a "bounden duty" as mandated by law.

The Court made these observations while dealing with a writ petition filed by an 85-year-old man (Chhavinath) complaining against his sons for harassing him and dispossessing him of his holdings instead of taking care of and giving emotional shelter to him in his old age.

It was further stated that he has already filed a representation before the Sub-Divisional Magistrate, Prayagraj for redressal of his grievance, which is still pending consideration.

Taking note of the grievances of the petitioner, the Court disposed of the writ petition with a direction to the SDM concerned to decide the petitioner's representation strictly by law after hearing all the stakeholders in the matter within six weeks.

Before parting, the Court also referred to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as per which, the children are bound to look after their elderly parents and to uphold their dignity and respect them in their old age.

Furthermore, the Court also noted that in many cases, the children abandon their old parents after receiving the property from their parents.

In this regard, referring to the tale of Shravan Kumar, from the ancient Hindu text Ramayana, who is known for filial piety towards his parents, the Court remarked thus:

“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. Our nation has been a land of culture, value & ethics. It is the land of the legendary "Shravan Kumar" who sacrificed his life for his blind parents. The traditional norms and values of India society emphasize 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.”

Case title - Chhavinath vs. State Of U.P. And 7 Others [WRIT - C No. - 29678 of 2023]

Case Citation: 2023 LiveLaw (AB) 398

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