By the Court.—Heard learned counsel for the petitioners as well as learned Standing Counsel and perused the records.

2. In both these writ petition, common question with regard to social problems being faced by the citizens of this democratic country, is involved. Hence, with the consent of learned counsel for the parties, both these petitions are being heard and disposed of by this common judgment.

Writ Petition No. 9162:

3. By means of this writ petition petitioner, Mohd. Faiz, a minor aged about 18 years, has approached this Court under Article 226 of the Constitution, being aggrieved with the action of his parents in not providing required assistance by discharging their parental duties.

4. According to learned counsel for the petitioner, father of the petitioner-respondent No. 3, has married to another lady. Similarly, the petitioner’s mother has also married another person leaving their children without any guardianship. Submission is that petitioner’s father is disposing of the parental Bhumidhari property which the family had inherited from their ancestors leaving no land for the petitioner.

5. So far as the right of the petitioner over ancestral Bhumidhari property is concerned, it is subject-matter which may be looked into by the competent Court having jurisdiction, in case some suit is filed. The competent Court has got ample power to grant temporary injunction if a prima facie case is made out and property is found to be ancestral and petitioner is entitled to a share by birth.

6. So far as grant of maintenance is concerned, option is open to the petitioner to file appropriate petition before the Family Court for grant of maintenance from his father or mother, as the case may be.

7. The fact remains that the plight of the petitioner and alike persons requires consideration by the Government or the Society at large. India cannot compare itself to western countries on account of huge population and limited resources. The financial capability of citizens of western countries seems to be too much as compared to India because of their lesser population and higher land area. But so far as this country is concerned, rapid growth in the population coupled with limited resources, it may not be possible for the Government to provide required assistance to each and every orphan, or citizen or children who have been left by their parents. On account of change of law and social scenario, such incidence are coming to the Courts frequently where children have been disowned by their own father and mother on account of their subsequent marriage with other persons or for some other reasons. It is a burning issue for the society, and sooner the better, the Government or the society takes preventive measures formulating some policy or scheme of safeguarding the children facing with such an awkwardly situation. It goes without saying that in such cases, children who have been disowned or left by their parents, are not at fault.

8. The Judgment of the Apex Court in the case of Lata Singh v. State of U.P. and others, (2006)5 SCC 475, in due course of time may create tricky situation in the society where children may be disowned by their own parents on account of dissolution of marriage due to their being infatuated by opposite gender. An ugly situation may crop up when because of such union of male and female may result in giving birth to child, and in case either of them does not have any property, then even the Courts shall be handicapped to pass appropriate orders or direction for grant of maintenance in an unlikely event of desertion or dissolution of marriage. The complexity of the situation seems not to have been taken into account while propagating for ‘living in’ relationship or dissolution of marriage. The Courts and law framers has not understood the complexity of situation while giving jolt to joint family system and old ancient civilization which even today is continuing in substantial part of this country across the