Shantilal Becharbhai Prajapati v. State of Gujarat
2017-09-11
RAJESH H.SHUKLA
body2017
DigiLaw.ai
ORDER : RAJESH H. SHUKLA, J. 1. The present petition is filed by the petitioners under Article 226 of the Constitution of India as well as under the provision of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for the prayers as prayed for in the petition. 2. Heard learned advocate, Shri Darshit Brahmbhatt for the petitioners and learned advocate, Shri Hardik Shah for the respondent nos. 2 and 3. 3. The submissions have been made by both sides. Therefore in view of the judgments of the High Court reported in AIR 2016 Gujarat 129 and AIR 2013 Gujarat 160 as well as statutory provisions, the matter requires consideration. 4. Hence, Rule. 5. As and by way of interim arrangement, it is directed that the respondent nos. 2 and 3 shall file an undertaking before this Court stating that they will not cause any harassment to the petitioners and shall continue to pay the maintenance as ordered by the authority. The undertaking shall be filed within a week. The respondent nos. 2 and 3 are allowed to stay in part of the premises and they will allow the petitioners to stay in the said premises in three rooms, for which, undertaking will also specifically states that they will not cause any obstruction or harassment if the petitioners stay in the premises in three rooms. This order is passed as an interim arrangement without prejudice to the rights and contentions.