‘Parents Can Throw their Children from the Property’: Delhi High Court

March 20, 2017 09:25
‘Parents Can Throw their Children from the Property’: Delhi High Court

In a new verdict, the Delhi High Court has stated that those children who abuse their parents staying with them in their house can be thrown out of the house. Justice Manmohan, in his ruling, defined that for evicting their children, the property need not be registered in the name of the parents.

“As long as the parents have the legal possession of the property, they can evict their abusive adult children,” the court said, adding that even the “courts have repeatedly acknowledged the right of senior citizens or parents to live peacefully and with dignity.”

This is a major change in a 2007 law that had no such rule to safeguard the life and property of senior citizens.

The court’s judgment came soon after it heard a petition filed by an ‘alcoholic’ former policeman and his brother, challenging a Maintenance Tribunal’s October 2015 order to evict the two from the house where their elderly and sick parents lived.

The brothers had fought that the tribunal had increased its jurisdiction in giving the eviction order as there was no claim for support and the relief was given only on the charges of physical assault, abuse, harassment and the forceful ejection of their parents from the property.

The alcoholic was a policeman whose services were terminated from Delhi Police. He had said that "even in cases of parental abuse, no eviction order could be passed under the Maintenance and Welfare of Parents and Senior Citizens Act 2007."

The court, while evaluating the provisions of the Act, said "the senior citizens’ maintenance tribunal can issue eviction order to ensure that senior citizens live peacefully in their house without being forced to accommodate a son who physically assaults and mentally harasses them or threatens to dispossess them.”

In its 51-page verdict, the court stated that "the directions to evict the adult children from the property were necessary in certain cases like the present one, to ensure a normal life for senior citizens."

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