Response

You can apply for eviction of your daughter from your home under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

If children are unable to care for their parents and allow them to live in peace, they should at the very least refrain from making their lives a miserable nightmare.

The first step in answering your issue would be to consider what you would do to protect your parents from such harassment.

You have a number of choices available to you, starting with a simple threat of removing her from the family’s property.

You can even file a lawsuit against her under the domestic violence statute.

Under the statute that protects older citizens, a parent who has been subjected to ill-treatment or harassment can seek eviction of his children and legal successors from any form of property.

The court stated that Òas long as the parents have legal possession of the property, they can evict their aggressive adult children,Ó adding that Òcourts have consistently recognised the right of senior citizens or parents to live with peace and dignity.Ó

You can even submit a police report against your daughter for threatening to file a false abettement to suicide case against your parents.

The Protection of Women from Domestic Violence Act of 2005 aims to protect women from domestic violence.

In this scenario, it allows the unhappy mother to file a lawsuit against the daughter who has caused her so much pain.Ó

Reference: Section 4 in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

4 Maintenance of parents and senior citizens.

(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of

(i) parent or grand-parent, against one or more of his children not being a minor;

(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.

(2) The obligation of the children or relative as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.

(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life

202100352202100434734

LAWAYZ-2023-861