Maintenance and Welfare of Parents and Senior Citizens Act, 2007 interpreted for benefit of abused Parents.
Delhi High Court expounded that,”Adults who abuse their parents while living in their house can be evicted from property”.
High Court specified that house need not be self-acquired or owned by parents. As long as they are in legal possession of property, the abusive sons and daughters can be evicted.
Case interprets provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSCA).
Justice Manmohan enunciated that.”Senior citizens’ maintenance tribunal can issue an eviction order to ensure that the senior citizens live peacefully in their house without being forced to accommodate a son or daughter who physically assaults and mentally harasses them or threatens to dispossess them of the property.“
HC further added that the Delhi Government had allowed a senior citizen to complain to the District Authorities to evict the abusive children only from the self-acquired property , even though Act make does not make such distinction and gives protection to the parents even in a rented accommodation.
“Consequently , this court directs government of NCT of Delhi to amendformulate 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 directed.
Delhi HC was hearing an appeal which was filed by an alcoholic man, challenging Tribunal’s order to evict him from a Civil Lines residence where his parents live.
High Court further expounded that,“the primary objective of 2007 Act is to protect the life and property of the senior citizens”.
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