Plea challenges eviction rule under maintenance of sr citizens law; HC seeks AAP govt stand

The Delhi High Court Thursday sought AAP government's reply on a plea challenging its July 2017 notification amending the rules under the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act 2007 and allowing the elderly to evict their children or legal heirs from their property. A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Delhi government and sought its stand on the plea by a woman whose in-laws initiated proceedings against her under the MWPSC Act leading to an eviction order being passed against her.

The woman has also challenged the eviction order passed on August 11 by a tribunal set up under the Act. She has claimed that her parents-in-law made a complaint under the Act as she had lodged several complaints against her husband for allegedly beating her up on various occasions under the influence of alcohol.

She has also claimed that the complaint against her was filed before the tribunal as she did not accede to her in-laws demands to vacate the matrimonial home. While issuing notice to the Delhi government, represented by its additional standing counsel Sanjoy Ghose and advocate Urvi Mohan, the bench also referred the matrimonial row to mediation and asked the women and her in-laws to appear before the mediator on September 15.

The bench said looking at the facts and circumstances of the case there was a chance of settlement between the parties and therefore, "we are referring the matter to mediation at the Delhi High Court Mediation Centre". It also directed that status quo be maintained with regard to her eviction from the property.

The tribunal had given her only a week to vacate the matrimonial home, but after she moved an application before it, she was given 30 days, her petition has said. The woman, in her plea, has sought quashing of the July 2017 notification as well as the tribunal's August 11 order.