Allahabad High Court: Considering the plight of children who are either orphan or disowned by their guardians due to some financial disability or dissolution of marriage of their parents, the division bench of D.P. Singh and A.K. Tripathi held that the Parliament or the State Legislature must legislate law for family planning in proper and justifiable manner so that the citizens and future generations may not suffer from any adverse consequences without any fault on their part due to shortage of resources.
In the instant case where petitioner is represented by R.S. Dubey, the Court clubbed the two writ petitions of like natures which deal with abandoning or disowning of guardianship of children by their parents on account of financial disability. The Court discussed the complex issues such as effect of change in law and society on families and held State and society responsible for being unable to provide assistance to each orphan and children who are disowned by their parents
The Court also referred the decision of Supreme Court in Lata Singh v.State of U.P. (2006) 5 SCC 475 where it was held that, while propagating for dissolution of marriage and “living in” relationship, the courts and law framers has given a jolt to joint family system which even today is continuing in substantial part of this country. The Court further observed that Government or society must take preventive measures formulating some policy or scheme of safeguarding the children facing with such situation Mohd. Faiz v. State of U.P., Misc Bench No. 9162 of 2014, decided on 17.09.2014