Can evict children if senior citizens ill-treated: Delhi HC

Disagreeing with the son’s counsel, the bench of the Chief Justice said, “You (son) do not have a right over the property. Not over the life and liberty of the senior citizen.” (Express photo: Ravi Kanojia/File)

Providing solace to senior citizen couples fighting legal battles with sons who ill-treat them and refuse to vacate their home despite court orders, a division bench of the Delhi High Court Wednesday observed that the children can be evicted from the property if they create hindrances for ageing parents.

A bench of Chief Justice Rajendra Menon and Justice V K Rao reiterated the single judge order, which held that Maintenance and Welfare of Parents and Senior Citizens Act, 2007, among other remedies, provides for eviction of adult children in cases where parents are facing abuse.

The bench was hearing an appeal filed by a son, challenging the order of the maintenance tribunal, which had directed him to vacate his father’s property in north Delhi. The tribunal’s order had been affirmed by the single judge of the Delhi High Court.

Disagreeing with the son’s counsel, the bench of the Chief Justice said, “You (son) do not have a right over the property. Not over the life and liberty of the senior citizen.”