Delhi High Court: Parents are legally entitled to seek the removal of their ‘abusive’ children from their home

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In ‘Sunny Paul & Anr. vs. State NCT of Delhi & Ors.’, Justice Manmohan of the Delhi High Court ruled that parents have a lawful right to order the removal of their children from their homes on the reason of the latter’s abusive nature. The court interpreted the relevant clauses of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA), which stipulates 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/daughter who physically assaults and mentally harasses them or threatens to dispossess them."

The court further stated that it was not important for the house to be a self acquired or owned by the parents to enable them to order the removal of their abuse children from the house. The court in an earlier ruling passed in November 2016 stipulated that a son married or single had no legitimate right to reside in his parent’s home without their free consent. Thus parents are under no legal obligation to reside with their abusive children all their life.

The court observed "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," .

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