Parents can evict abusive children from their house: Delhi HC

March 16, 2017

The Delhi High Court has ruled that parents can evict their adult children from their house if they are abusive towards them. The HC underlined that the house need not necessarily be self-acquired or owned by parents. The court cleared that as long as parents are in legal possession of the property, they have the right to evict their abusive sons and daughters. While interpreting provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA), Justice Manmohan ruled that the maintenance tribunal of senior citizens & quot can issue an eviction order to ensure that senior citizens live peacefully in their house without being forced to accommodate a son/daughter who physically assaults and mentally harasses them or threatens to dispossess them.& quot & quot 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,& quot the HC said. In November 2016, the court had ruled that a son, irrespective of his marital status, has no legal right to live in the self-acquired house of his parents and can reside there only at their wish or mercy. The court also said, only because parents have allowed the son to live in their house as long as their relations are cordial does not mean they have to bear his burden throughout his life.

OUR TAKE

The decision of the Delhi HC allowing parents to evict their abusive children from their house is a sigh of relief to many such senior citizens who had to suffer the tortures and harassment of the children in their own house. Often these oldies were thrown out of their own houses or sent to old age homes because the insensitive children did not wish to carry the responsibility of their parents and considered it a burden.