The Delhi High Court has held that the District Magistrate has the power to order eviction of a son, daughter or legal heir from a senior citizen’s property in cases of non-maintenance and ill-treatment under the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.
It therefore rejected the argument that an eviction application could not be filed unless the senior citizen had also sought maintenance. A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said the eviction provisions under Rule 22(3)(1)(i) and (iv) of the 2009 Rules are within the framework of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court held that the provisions derive their authority not only from Section 32 of the Act, which deals with rule-making powers, but also from Section 22, which requires the State Government to prescribe a comprehensive action plan for protection of the life and property of senior citizens. The court rejected the petitioner’s challenge to the validity of Rule 22(3)(1)(i) and (iv), holding that the provisions cannot be said to be beyond the Senior Citizens Act. The court also held that proceedings for eviction under Rule 22(3)(1) are separate from proceedings seeking maintenance under Sections 4 and 5 of the Senior Citizens Act.
The case arose from a matrimonial dispute between the petitioner and her husband. The petitioner had earlier approached the court under the Protection of Women from Domestic Violence Act, 2005, seeking a residence order in respect of the shared household at Gautam Nagar, Delhi.
