Monday 20 March 2017

Be Nice to Your Parents. Otherwise, They Can Legally Throw You Out of the House


Delhi High Court in the recent case of alcoholic former policeman has ruled out Children who abuse their parents while staying with them in their house can be evicted from the property,

"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".

The alcoholic former policeman, whose services were terminated from Delhi Police, had raised the point of Maintenance and Welfare of Parents and Senior Citizens Act 2007 under which in case of parental abuse, no eviction order could be passed

But the Honorable court interpreted the provisions of the Act and 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 them".

In its 51-page judgment, the court noted that eviction of adult children from the property was necessary in certain cases like the present one, to ensure a normal life for senior citizens.
The court, consequently, directed the Delhi government to amend its rules and formulate an action plan to protect the peace of senior citizens.

The court stated "the Act, 2007, among 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.

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