Parents can evict abusive sons and daughters from house, rules Delhi HC


New Delhi, Mar 16 (Zee News): The Delhi High Court has ruled that parents can evict their adult children from their house if they abuse them.

The HC underlined that the house need not be self-acquired or owned by parents.

The court has cleared that as long as parents are in legal possession of the property, they can evict their abusive sons and daughters.

Justice Manmohan, while interpreting provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA), ruled 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."

"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," 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 “mercy”.

The court had 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.

  

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Comment on this article

  • Shankar, Mangalore

    Thu, Mar 16 2017

    I heard someone was asking if a 46 year old son could be thrown out for incompetency?

    DisAgree [1] Agree [3] Reply Report Abuse

  • Jenifer, Mangalore

    Thu, Mar 16 2017

    Poonam Mahajan said that ???

    DisAgree Agree [5] Reply Report Abuse

  • Lynette Barboza, Falnir, Mangaluru

    Thu, Mar 16 2017

    welcome to the other side of the modernity coin called nuclear family.

    DisAgree Agree [3] Reply Report Abuse

  • Sudhakar, Kallianpur

    Thu, Mar 16 2017

    Can parent evict the son who is embarrassing them by defeat after defeat?

    DisAgree Agree [3] Reply Report Abuse

  • Elangovan, Rameswaram

    Thu, Mar 16 2017

    Likewise a son can evict his abusive parents if its his house and also there is no binding upon him to look after his aged parents through their life time going by the courts words....

    DisAgree [2] Agree [2] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Thu, Mar 16 2017

    What about abusive parents?

    DisAgree [2] Agree [7] Reply Report Abuse

  • Jenifer, Mangalore

    Thu, Mar 16 2017

    I don't think children need to stick to abusive parents. Leave the place and make an abode of yourself. Because, if you live with abusive parents, you will have no respect in the society and your children too will learn same habits from their grand parents.

    DisAgree [1] Agree [10] Reply Report Abuse

  • sadadand, Udupi / Mumbai

    Thu, Mar 16 2017

    Welcoming Decision.

    DisAgree Agree [7] Reply Report Abuse

  • Jenifer, Mangalore

    Thu, Mar 16 2017

    Good decision. Educate your children and ask them to earn their own property than they lazing around waiting to inherit ancestral property, in the course of time torture the parents in old age or fight to partition the property.

    Self earned assets give more pride than that you inherit.

    DisAgree Agree [13] Reply Report Abuse


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Title: Parents can evict abusive sons and daughters from house, rules Delhi HC



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