Parents can evict abusive adult children from their house: HC

Source: PTI | By Arfa Kazia | Published on 20th March 2017, 10:12 AM | Legal Corner |

New Delhi: Children who abuse their parents while staying with them in their house can be evicted from the property, the Delhi High Court has ruled.

Justice Manmohan, in his ruling, specified that the house need not be self-acquired or owned by 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 improvisation in a 2007 law that had left it to state governments to frame rules to protect the life and property of senior citizens.

The court's verdict came after it heard an appeal filed by an alcoholic former policeman and his brother, challenging a Maintenance Tribunal's October 2015 order to evict the two from the residence where their elderly 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.

The alcoholic, whose services were terminated from Delhi Police, 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 interpreting 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".

Read These Next

Proposed surrogacy law says no parenthood for singles

Bollywood celebrities like Karan Johar and Tusshar Kapoor became proud fathers via surrogacy but other aspiring singles may face roadblocks as a proposed law restricts this method by allowing only legally wedded couples.

Parking woes in Nodia: HC summons Authority CEO ?

The Allahabad High Court has asked the CEO of Noida Authority to appear in person on April 20 and submit "some plan for multi-level parking in each sector" to ease the traffic congestion in the city.