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2025 DAILYLAW 114542 (ALL)

DACHHINI PRASAD SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

/226/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2204-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 226 of 2025 Petitioner :- Dachhini Prasad Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State, who appears for the State-respondents. 2. In view of the order proposed to be passed, the issuance of notice to respondent No. 3 is hereby dispensed with. 3. This Writ Petition has been filed with the following relief(s): "I. Issue a writ, order or direction in nature of mandamus commanding the opposite parties to direct the opposite party No.2 to restrain the opposite party No.3 from harassing, threatening and interfering in peaceful life of the petitioner in any manner. II. Issue a writ, order or direction in nature of mandamus commanding the opposite parties to direct the opposite party No.2, to provide security and safety to the petitioner and also be restrained the opposite party No. 3 not to entered in the house of the petitioner." 4. It is a case of the petitioner that he is more than 75 years old man and he is being harassed by the respondent No.3, who used to be her daughter-in-law and she was married to his son Jitendra Kumar Srivastava. Divorce between the petitioner's son and the respondent No.3 was finalized by an order of this Court dated 22.08.2024. Copy of which has been filed as Annexure -2 to the petition. Despite such divorce having been finalized, the respondent No.3 constantly harasses and abuses the petitioner. The petitioner had moved a complainant to the District Magistrate, Lucknow/respondent No.2 on 02.11.2022. Copy of which has been filed as Annexure No.3 to the petition. No steps have been taken by the District Magistrate in this regard, therefore, the petitioner has approached before this Court for the aforesaid reliefs. 5. Having gone though the prayer clause of the writ petition and also the application made by the petitioner to the District Magistrate, Lucknow, we find that the petitioner's case is covered under the U.P. Maintenance and Welfare of Parents and Senior Citizens Act,2007 and Rules framed thereunder by the State of U.P. 6. The District Magistrate shall forward the application of the petitioner to the nominated/prescribed officer, who shall issue notices to all the concerned and pass appropriate orders on the interim relief application, if any, moved by the petitioner before him within a period of six weeks from the date of receipt of copy of this order. 7. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 13.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench