Delhi HC empowers Maintenance Tribunal to order eviction of children if parents are ill-treated

In a fantastic judgment by the Delhi High Court whereby providing relief to unloved senior citizen couples fighting legal battle with their ill-treating sons and daughters-in-law who refuse to vacate parents' house despite court orders, has held that maintenance tribunal has the complete jurisdiction to pass an order of eviction under the Maintenance and Welfare of Parents and Senior Citizens Act. The division bench of Justice Siddharth Mridul and Justice Deepa Sharma while interpreting the Maintenance and Welfare of Parents and Senior Citizens Act said “ The object for which the Act as well as the subject Rules, were brought into force, namely, for the welfare of parents and senior citizens and for protection of their life and property, leave no manner of doubt that the Maintenance Tribunal constituted under the Act has the power and jurisdiction to render the order of eviction.” The Bench was hearing an appeal filed by 2 sons challenging the order of the maintenance tribunal which had directed them to vacate the property of their 68-year-old father in old Delhi. The Tribunal's order has been affirmed by the Delhi High Court stating that in cases of parental abuse, an order of eviction can be passed by the Maintenance Tribunal with regards to the provisions of the Act. In their appeal against the single judge order, the sons argued that the maintenance tribunal inherently lacks jurisdiction to pass an order of eviction and the same is beyond the scope of the proceedings for maintenance, instituted on behalf of a senior citizen. Further, the court concluded by saying that the 2 sons have failed to show any rights to continue to occupy the subject property against the wishes of the father especially when the father has complained of ill-treatment and harassment at the hands of the children. Following the order, the SHO, Police Station-Hauz Qazi, has been directed to comply with the directions issued by the maintenance tribunal and put the father in possession of the subject property forthwith.