South Delhi District Magistrate Amjad Tak allowed the plea filed by the 78-year-old man and his wife, 74, seeking protection from their son and daughter-in -law under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and 2016.
"I am of considered opinion that the petitioners are adversely affected by the unruly behaviour of the respondents and the senior citizen petitioners are suffering from the misdeeds of the respondents and denied peaceful possession of the property," he said, after hearing both the parties.
"Using the powers entrusted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, the application moved by the petitioners is allowed and after examining all the documents, I hereby order...(son and daughter-in-law) to evict from the property of the petitioners," the magistrate said.
According to the petition filed by the elderly couple in November 2017 through advocate Vikas Malhotra, their son and daughter-in-law were forcibly occupying the first floor of the house in Panchsheel Park here by committing trespass.
The plea accused the son and his wife of treating them cruelly since 2004 and humiliating them.
The petitioners alleged that they were harassed every day by their son and the daughter-in-law had hired muscle men in 2012 to torture the aged couple and their son never stood up for his parents.
Denying all the allegations, the daughter-in-law claimed that she was falsely implicated by her in-laws in the case and was a victim of dowry demands by them.
She also claimed that her husband's parents were threatening to throw her out of the house if she did not meet their financial requirements.
The court, in its order, noted that the son had during a hearing on January 5 this year agreed to vacate his parents' house.
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