The Delhi High Court has given an important judgment which states that abusive adults can be ousted from their parent’s property even if the property isn’t owned by the parents. This will help old parents in living their life in a peaceful and safe environment.
As per report published in TOI, the judgment of the court says that parents can throw out the sons and daughters who abuse them from the house/ property even if it is not owned by them; they only need to have the legal possession of the house/ property.
This is a big improvement in the law made in 2007 which gave the responsibility of making the rules to the state government in order to safeguard the life and property of its old citizens.
While deducing the provisions of Maintenance and Welfare of Parents and Senior Citizens Act 2007, Justice Manmohan stated that the maintenance tribunal of senior citizens “can issue an 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”.
It’s observed by the High Court that a senior citizen has been allowed by Delhi government to make a complaint with district authorities to oust their abusive children only if the property is owned by parents, however the Act has never made any such specification and parents are provided safety even if they live in a rented property.
The court stated, “Consequently, this court directs government of NCT of Delhi to amend/ formulate its rules framed under Section 32.. as well as an action plan under Section 22(2) of the Act, in conformity with this judgment.”
This ruling has come during the hearing on a petition filed by an alcoholic person who has challenged the order of the tribunal ordering his eviction from his parents’ house at Civil Lines.
The court ruled “the 2007 Act provides for eviction of adult children in cases of parental abuse, like in the present case”, and the SHO was directed to make sure that the man left the house in no time.
During the first round of proceedings, the court made a settlement between both the sons and parents who were staying at a house allotted to them by a private trust for which the father worked. The sons were allowed to stay at their father’s ancestral property located in Haryana but one son decided to take the eviction judgment.
The court denied reconsidering the settlement but it studied the 2007 Act to find out whether it only provides the financial maintenance by the children/ relative or it also has a provision of ousting the adult children if they abuse their parents.
The court then gave the power to do justice to the maintenance tribunal on the basis of Section 23. As per the court, the tribunal has “the jurisdiction to not only pass an eviction order but also to issue directions to issue directions to give effect to the same under Section 23 of the Act 2007.”
It clearly stated that the expression “transfer” is used in Section 23 in order to safeguard the senior citizens. It also observed that “the primary objective of the 2007 Act is to protect the life and property of senior citizens.”