ORDER
1. Mother is one who gives birth to and nurtures the newborn. We call her mother because of her mothering and creative qualities. All created beings are inter-dependent and sustain one another with their actions. The whole creation is kept in motion when a harmonious relationship between one another is maintained. Social order is preserved through selfless and constant action. But here is a mother who has knocked the doors of justice for her sustenance.
2. By means of this petition one Premalata Singh, a seventy years lady, has made allegation against the Inspector-in-charge of Mangalabag Police Station for not taking any action on the complaint lodged by her against her son, daughter-in-law and grandson, who are not providing any food to her and have assaulted her.
3. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') was enacted to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidential thereto. Section 4 (3) of the Act reads as follows:
4. The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.'
5. As per Section 7 of the Act, the State Government has to constitute for each Subdivision one or more Tribunals within a period of six months from the date of the commencement of the Act for the purpose of adjudication and decision upon the order for maintenance of parents and senior citizens. But till date, no such Tribunals have been constituted.
6. Therefore, by order dated 17.3.2009, this Court directed the Inspector-in-charge of Mangalabag Police Station to depute any officer of the said Police Station to see from time to time whether the son and daughter-in-law of the petitioner are providing her food, cloths and medicine as undertaken by them before the Police Station. Today, the learned Government Advocate has produced a letter dated 6.7.2009 received from the Inspector-in-charge of Mangalabag Police Station wherein it has been indicated that the son and daughter-in-law of the petitioner are taking care of the petitioner and thy are providing food, shelter, cloths, medicine etc., to her. The son and daughter-in-law of the petitioner have also given in writing before the Inspector-in-charge of Police that in future they will take care of the petitioner.
7. In view of the aforesaid report submitted by the Inspector-in-charge of Mangalabag Police Station, we do not think it proper to keep this petition pending. The petition is accordingly disposed of.
8. The Act came into force with effect from 1.10.2008 and under Section 7 thereof the State Government is to constitute for each Subdivision one or more Tribunals within a period of six months from the date of the commencement of the Act. Since no such Tribunal has yet been constituted by the State Government, we direct the State Government to constitute the Tribunal as early as possible.