The Delhi High Court's ruling that parents can evict from the house their adult children who abuse them was today challenged before a larger bench by two brothers facing allegations of mistreating their parents.
The high court had on March 15 held that as long as parents have the legal possession of the property, be it self- acquired or inherited, they can evict their abusive adult children.
The ruling by a single judge had come on the appeal of the same two brothers, one of them an alcoholic policeman, who had challenged a Maintenance Tribunal's October 2015 order to evict the two from the residence where their ailing parents lived.
In their appeal against the single judge's decision, they contended before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal that in the instant case the senior citizens neither own the premises nor are they tenants in it.
The brothers sought that no third party interest be created on the property.
The court, however, did not grant any relief and merely issued notice to the Delhi government seeking its response to the appeal before the next date of hearing on April 24.
The government, meanwhile, submitted before the bench that it has implemented the single judge's decision by evicting the brothers from the residence.
The March 15 ruling was a major improvement in a 2007 law which had left it to the state governments to frame rules to protect the life and property of senior citizens.
In their plea before the single judge, the brothers had contended that the tribunal had exceeded its jurisdiction in passing the eviction order as there was no claim for maintenance and the relief was granted only on the allegations of physical assault, maltreatment, harassment and forcible ouster of their parents from the property.
The alcoholic son, who was dismissed from service by the
Delhi Police, had said that even in cases of parental abuse, no eviction order could be passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The single judge, however, had interpreted the provisions of the Act to say that the "Senior Citizens' Maintenance tribunal can issue 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 judge had also directed the Delhi government to amend its rules and formulate an action plan to protect the life and property of senior citizens.
Noting that the "Act, 2007, amongst other remedies, provides for eviction of adult children in cases of parental abuse, like in the present case", the judge had asked the SDM concerned and SHO, police station Civil Lines, to ensure that the sons were evicted from the house immediately.
