The court emphasized that police must register and investigate complaints regarding harassment of senior citizens, ensuring their welfare as mandated by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

JUDGMENT :

Savitri Ratho, J.

This CRLMP has been filed praying for a direction to the Opposite Parties more particularly Opposite Parties No.3 and 4 to register the complaint lodged under Annexure-1 series and take up proper investigation and provide appropriate protection to the Petitioners as per law.

2. The instructions dated 05.02.2026 of the IIC, Plantsite Police Station is produced by Mr. A.K. Apat, learned Additional Government Advocate, where it has been stated that no report has been filed by the Petitioners at the Plantsite Police Station for registration of the case. On being contacted for filing of fresh report for registration of the case, the Petitioners did not submit any report for registration of a case against their son and daughter-in-law. The said instructions are taken on record. It shall be scanned and incorporated in the digital record.

SUBMISSIONS

3. Mr. S.K. Baral, learned counsel for the Petitioners submits that the Petitioners are being harassed by their son and daughter-in-law. It is the duty of the Police to ensure the wellbeing and welfare of the Petitioners (as Petitioner No.1 is Senior Citizen) as their son and daughter-in-law are causing disturbances in their residence. The house is built on the self acquired property of the petitioner.

He also submits that as the complaint dated 10.09.2025 of the Petitioners had been sent by Speed Post to the IIC, Plantsite Police Station on 09.11.2025, the Petitioners did not agree to submit a fresh FIR on 05.02.2026 as per request of the Police, so the case may be registered on the basis of the complaint dated 10.09.2025, sent on 09.11.2025.

STATUTORY PROVISION

4. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘the Act’) has been enacted to provide for more effective provisions for the maintenance and welfare of parents and senior citizens. The Orissa Maintenance of Parents and Senior Citizens Rules, 2009 (in short “2009 Rules”) have come into force on 24^th September, 2009.

The relevant provisions are extracted below:-

“Section 4. Maintenance of parents and senior citizens.

(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of

(i) parent or grand parent, against one or more of his children not being a minor,

(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.

(2) The obligation of the children or relative as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

(3) 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.

(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:

Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

“Rule 19. Duties and powers of the District magistrate (1) The District magistrate shall perform the duties and exercise the powers mentioned in sub-rules (2) and (3) of rule 19 so as to ensure that the provisions of the Act are properly carried out in his district.

(2) It shall be the duty of the District Magi