New Delhi, Mar 19, 2017: The Delhi High Court ruled that adult children abusing their parents can be evicted from the house if they do so while staying with them in their property.
In the ruling, Justice Manmohan specified that the house doesn’t necessarily need to be self-acquired or owned by the parents, mentioned PTI report.
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The court said,” As long as the parents have legal possession of the property, they can evict their abusive children,” maintaining the fact that the “courts have always acknowledged the rights of senior citizens or parents to live peacefully and with dignity.”
In 2007, a law gave State Governments the power to draft rules to protect the life and property of senior citizens. This rule is a major amendment to the same.
The court came to the verdict after hearing an appeal filed by a former alcoholic policeman and his brother, challenging an order of the Maintenance Tribunal given in 2015, to evict the two from the residence where their old and ailing parents lived.
The brothers had contended that the tribunal had exceeded its jurisdiction in passing the eviction order as there was no claim for maintenance and the relief was granted only on the allegations of physical assault, maltreatment, harassment and forceful ouster of their parents from the property.
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The alcoholic’s services were terminated from the Delhi Police. He said that even in a case of parental abuse, an eviction order could not be passed as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007.
Interpreting the provisions of the Act, the court said,”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”.
The court passed a 51-page long judgement, noting that the directions to evict the adult children from the house were necessary in certain cases like the one being considered, in order to ensure a normal life for senior citizens.
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The court found that the Delhi government’s rules allowed a senior citizen to complain to district authorities to evict abusive children only from a self-acquired property, despite the fact that the Act makes no such distinction and gives protection to parents even in a rented accommodation.
The court, consequently, directed the Delhi government to amend its rules and formulate an action plan to protect the life and property of senior citizens.
The court stated “the Act, 2007, amongst other remedies, provides for eviction of adult children in cases of parental abuse, like in the present case,” and asked the SDM concerned and SHO, police station Civil lines, to ensure that the sons were evicted from the house immediately.
-Prepared by Nikita Saraf, Twitter: @niki_sarafClick here for reuse options!
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