Abusive children can be kicked out of home by their parents: Delhi HC

Parents take note: The Delhi High court has ruled that the parents can ask their children to leave their home if they suffer from mental and physical abuse

The Delhi High Court recently ruled that if adults are abusive or disrespectful towards their parents, the latter have the right to ask them to leave their house. The court further observed that parents need not own the house but only required to have its legal possession.

Asserting that the parents were not obliged to provide accommodation to their sons or daughters, the court affirmed that the parents can issue an eviction order to their children if their children who should be adults if at all they feel that they were being mentally and physically harrassed by their children.

Keeping in lines with the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA), the court asserted, that they “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,” TOI quoted the Justice Manmohan as saying.

This comes after the court observed that the Delhi government led by Arvind Kejriwal had provided the provision of senior citizens filing a complaint against their abusive children and could only ask them to evict their property if only they owned the place. In other words, a parent could not ask their abusive adults to leave their home if the property was a rented one.

“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 court ruled.

The judgement came in response to a plea filed by a man who approached the man complaining that he was evicted from his parent’s house.