Writ Petition to High Court under Article 226 of Constitution of India
seeking appropriate Writ for Fundamental Right, Format Download.

Format of Writ Petition in MS Word to be filed in High Court for direction
against violation of fundamental right.

You file Writ Petition under Article 226 of the Constitution when your
fundamental rights are affected. While filing the Writ Petition, necessary
copies of documents needs to be annexed. Format of Writ
Petition seeking direction from the High Court against the Government authority is given below.
It can be downloaded in MS Word format also, so that you can prepare it on the
basis of draft Writ Petition. There are five writ petition types in the Indian
constitution, which you can file either before the High Court such as:

1. Habeas Corpus

2. Mandamus

3. Prohibition

4. Certiorari

5. Quo Warranto

 

SYNOPSIS

1. The Petitioners are filing the present Writ Petition under Article 226 of
the Constitution of India Praying inter alia for issuing Writ of Mandamus and
other appropriate Writ for directing the Respondent No. 1 to Release Respondent
No. 4 from the premises of Respondent No. 5, seeking direction to Respondent No.
1 inquire into the incident of keeping Respondent No.4 in confinement by
Respondent No. 5 in an illegal building without basic amenities and in un
healthy conditions, conduct proper medical tests on Respondent No. 4 and also
seeking Direction to Respondent No. 4 to take care of ailing Petitioners at
their old age and provide maintenance to them under Section 4 of Maintenance of
Parents and Senior Citizens Act 2007.

2. That the petitioners are Senior Citizens aged __ and __ years and Parents of
Respondent No.4, _____________, who has been staying in the Premises of
Respondent No. 5 ______________________ since July 20__. The Petitioners being
senior citizens need the support of Respondent No. 4 to take care of their
health, necessities etc.

3. That the Petitioners have strong doubts on the Respondent No. 5 kept their
Respondent No. 4 under the influence of drugs or any other substance.

4. That Respondent No. 4 is an Engineer and was earning Rs. 24 Lakh a year and
when she joined Respondent No.5. The Petitioners have strong doubt that
Respondent No. 5 has trapped her for the sake of bank deposit.

5. That the Respondent No. 4 categorically told on ______ through phone that she
is not interested to talk to the Petitioners as they are not left hope on her
and continuously raising the issue in Court, government authorities, Media and
Police stations.

6. That as per Section 4 of the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007, the Children are obliged to maintain a senior citizen to the
needs of such citizen so that senior citizen may lead a normal life.

7. That as per Section 5 of the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 the Application for maintenance should be filed in Tribunal,
but due to the Peculiar situation in this matter, as the Respondent No. 4 is
confined in the Ashram of Respondent No.5, the Petitioners are approaching this
Hon’ble Court for Justice.

 

LIST OF DATES AND EVENTS

2016 Respondent No.4 stayed and studied Masters in Commerce. She started
working for an approximate salary package of Rs. 24 lakhs a year.
July 2016 Respondent No.4 came back to India and started staying in without
intimating her parents.

2016-19 Petitioner No.2 made several complaints to Police and government
authorities for return of their daughter. But there was no action on the
part of the authorities.

15.1.20__ Respondent No.4 categorically told to the Petitioners on Mobile
phone that she is not willing to meet or talk to them as they are
continuously maligning the Respondents No. 5 by making complaints to Police
and approaching Media. She has told to the Petitioners that since this
Hon’ble court expressed helplessness in the pending PIL, nothing will happen
to the Respondents No. 5.

__.02.20__ Hence the instant Writ Petition

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 2020

IN THE MATTER OF:

A B C                    
… PETITIONERS

VERSUS

XYZ                    
… RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING
INTER ALIA FOR ISSUING WRIT OF MANDAMUS AND OTHER APPROPRIATE WRIT FOR
DIRECTING THE RESPONDENT NO. 1 TO RELEASE RESPONDENT NO. 4 FROM THE PREMISES
OF RESPONDENT NO. 5, SEEKING DIRECTION TO RESPONDENT NO. 1 INQUIRE INTO THE
INCIDENT OF KEEPING RESPONDENT NO.4 IN CONFINEMENT BY RESPONDENT NO. 5 IN AN
ILLEGAL BUILDING WITHOUT BASIC AMENITIES AND IN UN HEALTHY CONDITIONS,
CONDUCT PROPER MEDICAL TESTS ON RESPONDENT NO. 4 AND ALSO SEEKING DIRECTION
TO RESPONDENT NO. 4 TO TAKE CARE OF AILING PETITIONERS AT THEIR OLD AGE AND
PROVIDE MAINTENANCE TO THEM UNDER SECTION 4 OF MAINTENANCE OF PARENTS AND
SENIOR CITIZENS ACT 2007.

To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.

The humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH:
1. The Petitioners are filing the present Writ Petition under Article 226 of
the Constitution of India Praying inter alia for issuing Writ of Mandamus
and other appropriate Writ for directing the Respondent No. 1 to Release
Respondent No. 4 from the premises of Respondent No. 5, seeking direction to
Respondent No. 1 inquire into the incident of keeping Respondent No.4 in
confinement by Respondent No. 5 in an illegal building without basic
amenities and in un healthy conditions, conduct proper medical tests on
Respondent No. 4 and also seeking Direction to Respondent No. 4 to take care
of ailing Petitioners at their old age and provide maintenance to them under
Section 4 of Maintenance of Parents and Senior Citizens Act 2007.

2. That Petitioner No. 1 is __ years old mother of Respondent No.4 and is a
House wife.

3. That Petitioner No. 2 is father of Respondent No. 4 and he is __ years
old.

4. That Respondent No. 4, is the daughter of Petitioner No. 1 and 2.

5. That the Petitioners being retired senior citizens need the support of
their daughter as they do not have sons, no other person, to take care of
their health, necessities etc. Petitioner No. 1 is suffering from various
ailments like joints pain on legs, tooth pain which require root canal
treatment and other old age problems. Petitioner No.2 is facing high blood
pressure, heart related health issues and he requires regular medical
check-up. The Petitioners are running pillar to post to get their
constitutional rights. They have approached Delhi Police and Central
Government to handover their daughter to them, but no action has been taken
by the authorities against the Respondent No. 5, to release their daughter.

6. That the Petitioners have strong doubts on Respondent No. 5, that his
team kept their daughter under the influence of drugs or any other substance.

7. It is submitted that the Petitioners have only one daughter Respondent
No. 4 is living in the premises of Respondent No. 5 in Delhi, India and she
deserted her senior citizen parents at their old age.

8. That as per Section 4 of the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 the Children are obliged to maintain a senior
citizen to the needs of such citizen so that senior citizen may lead a
normal life. Extracts of Section 4 of the Act is as under:

“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 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.”

True copy of the Maintenance and Welfare of Parents and Senior Citizens Act,
2007 is annexed herewith and marked as Annexure P-1.

9. That as per Section 5 of the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 the Application for maintenance should be file in
Tribunal, but due to the Peculiar circumstances in this matter as the
Respondent No.4 is confined in the Building of Respondent No. 5 the
Petitioners are approaching this Hon’ble Court for Justice.

10. That on April ____ the Petitioners filed complaint with Station House
Officer, Police Station ___________ New Delhi requesting appropriate action
in securing their daughter safely from the centre. Copy of the letter dated
April 1, 2016 sent by the Petitioners to SHO, ___________ Police Station is
annexed herewith and marked as Annexure P-2.

11. That on April _____the Petitioners wrote to the Delhi Commission for
women, ITO, New Delhi requesting them to take appropriate action in securing
their daughter safely from the centre and help in restoring peace to the
family on humanitarian ground. Copy of the letter dated April ____ sent by
the Petitioner to Delhi Commission for Women is annexed herewith and marked
as Annexure P-3.

12. That Respondent No. 3 not yet arrested Respondent No. 5 against whom
several serious criminal cases are registered by CBI. The Financial
transactions of Respondent No. 5 are also needs to be verified by a
competent authority. Because even after the hiding of founder of the
Respondent No. 5, it has been running un interruptedly in an illegal/un
authorised building and getting all kind of financial, strategic support.

13. That being aggrieved, the Petitioner has no other alternative remedy but
to approach this Hon’ble Court and invoke Article 226 of the Constitution of
India on the following amongst other grounds which are urged hereinafter
without prejudice to each other.

GROUNDS
That the present Writ Petition is being filed on the following, amongst
other, grounds without prejudice to each other;

A. Because the Petitioners being retired/ senior citizens need the support
of their daughter as they do not have sons and no other person to take care
of their health, necessities etc. The Petitioners are running pillar to post
to get their constitutional rights. They have approached Delhi Police and
Central Government to handover their daughter to them, but no action has
been taken by the authorities against Respondent No. 5 to release their
daughter.

B. Because the Petitioners have strong doubts on Respondent No. 5 kept their
daughter under the influence of drugs or any other substance.

C. Because the Petitioners have only one daughter, Respondent No. 4 is
living in the Ashram and she deserted her senior citizen parents. The
Petitioners have no other close relatives to look after them.

D. Because as per Section 5 of the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 the Application for maintenance should be file in
Tribunal, but due to the Peculiar situation in this matter as the Respondent
No. 4 is confined in the Ashram of Respondent No. 6 the Petitioners are
approaching this Hon’ble Court for Justice.

14. That the Petitioners have no other efficacious remedy except to approach
this Hon’ble Court by way of this Petition under Article 226 of the
Constitution of India.

15. That the Petitioners have not filed any other petition, claim, suit or
preceding in any court or tribunal throughout the territory of India
regarding the matter in dispute.

PRAYERS
In view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon’ble Court may be pleased to:-

a) Issue a Writ of Mandamus or any other appropriate Writ to Respondent No.
1 to immediately release of Respondent No. 4, daughter of Petitioners from
the custody of Respondent No. 5;

b) Issue an appropriate Writ to the Respondent No. 4 to take care of her
ailing parents, give maintenance to them as per Section 4 of Maintenance of
Parents and Senior Citizens Act 2007;

c) Any other relief, order or direction this court may deem fit and proper
under the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVERY
PRAY.

THROUGH

ADVOCATES FOR THE PETITIONERS

NEW DELHI
DATE:
 

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Writ Petition under Article 226 of the Constitution of India in MS Word.