Case Note & Summary
The petitioners, Mrs. Dephny Gladys Lobo and Mr. Frederick Lobo, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Karnataka High Court seeking quashing of proceedings initiated by the Assistant Commissioner and President of the Senior Citizen Maintenance Tribunal, Mangaluru Sub Division (respondent No.1) at the instance of Smt. Carobina Ferrao Gurein (respondent No.2). The proceedings were initiated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioners contended that respondent No.2 is a British citizen, as evidenced by her passport (Annexure-B), and therefore cannot be considered a 'senior citizen' under Section 2(h) of the Act, which defines 'senior citizen' as any person being a citizen of India. The court examined the passport and noted that respondent No.2 is a British citizen, and the Constitution of India does not provide for dual citizenship. Consequently, the court held that respondent No.2 does not qualify as a senior citizen under the Act, and the proceedings initiated at her instance are not maintainable. The court quashed the entire proceedings in JA.J ̧ï.¹¹Dgï. 103/15-16 (Annexure-A). The judgment was delivered by Justice P. Krishna Bhat on 22 March 2022.
Headnote
A) Senior Citizen Law - Citizenship Requirement - Definition of Senior Citizen - Section 2(h) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - The court considered whether a British citizen can invoke the provisions of the Act. The definition of 'senior citizen' under Section 2(h) requires the person to be a citizen of India. Since the Constitution does not permit dual citizenship, a British citizen cannot be considered a senior citizen under the Act. Held that the proceedings initiated at the instance of a non-citizen are not maintainable and are liable to be quashed. (Paras 1-4)
Issue of Consideration
Whether a person who is not an Indian citizen can maintain a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the Sub Divisional Magistrate, and whether the Sub Divisional Magistrate can initiate proceedings at the instance of such a person.
Final Decision
The writ petition is allowed. The entire proceedings in JA.J ̧ï.¹¹Dgï. 103/15-16 (Annexure-A) are quashed.
Law Points
- Citizenship requirement under Section 2(h) of Maintenance and Welfare of Parents and Senior Citizens Act
- 2007
- No dual citizenship under Indian Constitution
- Maintainability of petition by non-citizen before Senior Citizen Maintenance Tribunal
Case Details
2022 LawText (KAR) (03) 10
Writ Petition No.6720/2016 (GM-RES)
Sri. O. Shivaram Bhat for petitioners; Sri. Ramesh Gowda, AGA for R1; Sri. Gajendra G. for R2
Mrs. Dephny Gladys Lobo and Mr. Frederick Lobo
Assistant Commissioner and President, Senior Citizen Maintenance Tribunal, Mangaluru Sub Division and Smt. Carobina Ferrao Gurein
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India seeking quashing of proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Remedy Sought
Petitioners sought quashing of entire proceedings initiated by respondent No.1 at the instance of respondent No.2.
Filing Reason
Respondent No.2, a British citizen, initiated proceedings under the Act against the petitioners, but the Act defines 'senior citizen' as a citizen of India.
Issues
Whether a non-Indian citizen can maintain a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Whether the Sub Divisional Magistrate can initiate proceedings at the instance of a non-citizen.
Submissions/Arguments
Petitioners argued that respondent No.2 is a British citizen and not an Indian citizen, and therefore cannot be a 'senior citizen' under Section 2(h) of the Act.
Respondent No.2's passport showed she is a British citizen; no dual citizenship under Indian Constitution.
Ratio Decidendi
The definition of 'senior citizen' under Section 2(h) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 requires the person to be a citizen of India. Since the Constitution of India does not permit dual citizenship, a British citizen cannot be considered a senior citizen under the Act, and proceedings initiated at her instance are not maintainable.
Judgment Excerpts
The short point calling for consideration in this writ petition is whether a person who is not an Indian citizen can maintain a petition before the Sub Divisional Magistrate under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007...
It shows that respondent No.2–Carobina Ferrao Guerin is a British citizen. Her photograph is also affixed to the passport. It is therefore evident that she is not an Indian citizen as the Constitution of India does not provide for dual citizenship.
Sub-section (h) of Section 2 of the Act defines ‘Senior Citizen’ and it reads as follows: “h. 'senior citizen' means any person being a citizen of India...”
Procedural History
The petitioners filed Writ Petition No.6720/2016 under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru challenging the proceedings initiated by respondent No.1 at the instance of respondent No.2 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court heard the matter through video conference/physical hearing and delivered judgment on 22 March 2022.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 2(h)
- Constitution of India: Articles 226, 227
