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

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

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New Delhi: 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.