R 

IN THE HIGH COURT OF KARNATAKA AT BENGALURU  DATED THIS THE 22ND DAY OF MARCH, 2022  

BEFORE  

THE HON’BLE MR. JUSTICE P. KRISHNA BHAT  WRIT PETITION NO.6720/2016(GM-RES) 

BETWEEN:  

1. MRS DEPHNY GLADYS LOBO  

W/O FREDERICK LOBO,  

AGED 44 YEARS,  

2. MR FREDERICK LOBO  

S/O PAUL LOBO,  

AGED 55 YEARS,  

BOTH ARE R/AT DOOR NO.1-330,  

NEAR: HOLY FAMILY SCHOOL,  

BAJPE, MANGALURU-574142 D.K  

…PETITIONERS  

(BY SRI. O. SHIVARAMA BHAT, ADVOCATE)  

AND: 

1. ASST COMMISSIONER AND PRESIDENT  

SENIOR CITIZEN MAINTENANCE TRIBUNAL,  

MANGALURU SUB DIVISION,  

MANGALURU-575001  

2. SMT CAROBINA FERRAO GUREIN  

AGED ABOUT 68 YEARS,  

W/O MR JOHN CHRISTOPHER GUREIN  

PERMANENT RESIDENT OF UNITED KINGDOM  

REPRESENTED BY HER POWER OF ATTORNEY  

MR JOSEPH D’SOUZA  

SON OF LATE MR ANTONY D’SOUZA  

R/AT “FRAGRANCE” D’SOUZA COMPOUND  

NEAR PUTTUR RAILWAY STATION,  

PUTTUR, D.K  

…RESPONDENTS  

(BY SRI. RAMESH GOWDA, AGA FOR R1;  

 SRI. GAJENDRA G., ADVOCATE FOR R2)  

THIS WRIT PETITION IS FILED UNDER ARTICLES 226  AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH  THE ENTIRE PROCEEDINGS INITIATED BY THE R-1 VIDE  ANNX-A AND ETC.  

THIS WRIT PETITION COMING ON FOR HEARING THIS  DAY, THROUGH VIDEO CONFERENCE/PHYSICAL HEARING,  THE COURT MADE THE FOLLOWING:  

ORDER 

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 (for short ‘the Act’)  and at the instance of such person whether the Sub  Divisional Magistrate can initiate proceedings?  

2. The petitioners have approached this Court  under Article 226 of the Constitution seeking quashing of  the entire proceedings in JA.J¸ï.¹¹Dgï.103/15-16 (Annexure A).  

3. The impugned proceedings has been initiated  by the respondent No.1 at the instance of respondent No.2 

against the petitioners herein. The passport of respondent  No.2 is produced at Annexure-B. 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, who has  attained the age of sixty years or above;”  

4. It is evident that one of the essential elements for being designated a ‘Senior Citizen’ for the purposes of  the Act is the person being an Indian citizen. The passport  at Annexure-B clearly shows that respondent No.2 at whose  instance proceedings has been initiated by the respondent  No.1, is not an Indian citizen. In that view of the matter,  respondent No.1 had no jurisdiction to initiate the proceedings under the Act. Accordingly, same is liable to  be quashed. 

5. Accordingly, a writ of certiorari is issued against  the entire proceedings in JA.J¸ï.¹¹Dgï.103/15-16 (Annexure A) and same is quashed. Writ Petition is allowed and rule nisi issued is made absolute.  

Sd/-  

JUDGE  

DR 

Comments

Leave a Reply

Sign In

Register

Reset Password

Please enter your username or email address, you will receive a link to create a new password via email.