Dr Anuradha Choudhary and Anr v. The State of Assam and 5 Ors

ORDER Date : 28-03-2024

¶1Heard Mrs. A Saikia, learned counsel for the petitioners. Also heard Mrs. S Baruah, learned counsel for respondent Nos.1 to 3, Mr. C Sharma, learned counsel appearing on behalf of respondent No.4 and Ms. S Chakravarty, learned counsel for the respondent Nos.5 Page No.# 3/4 and 6.

¶2Mr. P.N. Goswami learned Additional Advocate General, Assam has appeared on the request made by this court and obtained certain vital informations.

¶3The present writ petition is filed with the following prayer: I. To issue a writ in the nature of mandamus against the respondent Nos.1 to 4 i.e., 1. The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Home and Political Department, Dispur, Guwahati – 781006, 2. The Commissioner & Secretary, Government of Assam, Social Welfare Department, Dispur, Guwahati – 781006, 3. The Commissioner of Police, Guwahati, City, Panbazar, Guwahati – 781001, and 4. The Directorate of Social Justice & Empowerment, Govt. of Assam II. To check the mental health of the respondent No.5 who is an addict of alcohol and respondent No.6 who is the merciless daughter in law under the supervision of the Social Welfare Department and provide appropriate treatments

¶4Thus, the basic grievance of the petitioners relates to protection from her son and daughter in law with allegation of misbehavior by the said son and daughter in law.

¶5Mr. PN Goswami, learned Additional Advocate General submits that in terms of section 7(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act' 2007) and in terms of Page No.# 4/4 section 15(1) of the said Act, the Governor of Assam was pleased to issue two separate notifications dated 02.08.2008 constituting Maintenance Tribunal and Appellate Tribunal. It is also submitted that the District Social Welfare Officers have been notified as Maintenance Officers.

¶6It is seen that the Act' 2007 is enacted to provide effective provisions for Maintenance and Welfare of Parents and Senior Citizens guaranteed and recognized under the constitution and for matters connected therewith and incidental thereto.

¶7A perusal of the said Act' 2007 shows that it is a complete code in itself with a power to the state to frame rules. The Act' 2007 empowers the Tribunals/authorities to pass protection and maintenance order.

¶8That being the position and in view of such specialized Tribunal already being constituted, the petitioner's grievance can be adjudicated by the Tribunal.

¶9Accordingly, the present writ petition stands disposed of permitting the petitioner to file appropriate application before the jurisdictional Tribunal and in the event, such application is filed, the same may be decided as expeditiously as possible and the Tribunal/ Maintenance Officer shall also consider the prayer of the petitioner for any maintenance/protection order as permissible under the Act' 2007.

¶10Accordingly this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010039472024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)o62/2024 DRoANURADHAoCHOUDHARYoANDoANR WIFEoOFoLATEoDOCTORoDIPANDRAoNATHoCHOUDHURY oRESIDENToOFoHOUSEoNO.o102 oDILIPoHUZURIoPATH oDISPUR oGUWAHATI-o781006 oINoTHEoDISTRICToOFoKAMRUP(M) oASSAM. 2:oILLUSMITAoKONWAR CENTERoADMINISTRATOR oW/O-oSANJIBoBARPHUKAN oSAKHIoONEoSTOPoCENTRE oKAMRUP(M) o(181oWOMENoHELPLINEoASSAM). oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHOMEoANDoPOLITICALoDEPARTMENT oDISPUR oGUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oSOCIALoWELFAREoDEPARTMENT DISPUR oGUWAHATI-781006. o3:THEoCOMMISSIONERoOFoPOLICE oGUWAHATIoCITY PANBAZAR Page No.# 2/4 GUWAHATI- 781001. 4:THE DIRECTORATE OF SOCIAL JUSTICE AND EMPOWERMENT GOVT. OF ASSAM REPRESENTED BY ITS DIRECTOR HAVING ITS OFFICE SITUATED AT LAKHI MANDIR BELTOLA GUWAHATI- 781028 IN THE DISTRICT OF KAMRUP(METRO) ASSAM. 5:MANISH CHOUDHURY SON OF LATE DIPANDRA NATH CHOUDHURY RESIDENT OF HOUSE NO. 102 DILIP HUZURI PATH DISPUR GUWAHATI- 781006 IN THE DISTRICT OF KAMRUP(METRO) ASSAM. 6:PRAMILA CHOUDHURY WIFE OF SRI MANISH CHOUDHURY RESIDENT OF HOUSE NO. 102 DILIP HUZURI PATH DISPUR GUWAHATI- 781006 IN THE DISTRICT OF KAMRUP(METRO) ASSAM. ------------ Advocate for : MRS A SAIKIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY