INDIA

Delhi high court gives a verdict on abusive adult children

Children

Abusive Adult Children

Delhi high court passed an order that says children who maltreat, slur or abusive their parents in any manner while staying with them can be disowned which means can be evicted from the property. Justice Manmohan stated that “as long as parents have legal possession of the property, they can evict their abusive adult children”. It was further added that the courts have always acknowledged the right of senior citizens or parents to live peacefully and with dignity. Interpreting provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA), Justice Manmohan ruled that the senior citizens’ maintenance tribunal “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.” 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.  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 father’s ancestral property located in Haryana but one of the sons later on challenged his eviction. The court denied to reconsider 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 give effect to the same under Section 23 of the Act 2007.”

It clearly stated that the expression “transfer” is used in the 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.”

After a lifetime of working, raising families and contributing to the success of nation in countless other ways, parents and all senior citizens deserve respect and dignity and the verdict of HC is up to the mark to provide them so.

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