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A person cannot evict parents from house : LHC

Recently over a father’s plea for directives to take action against son who expelled him from home, the Lahore High Court (LHC) ruled those evicting their parents form house will face a year jail with fine under  the Parents Protection Ordinance (PPO) 2021.

Single member bench of the LHC comprising Justice Ali Baqar Najafi noted in a verdict in response to a petition in the matter saying, “A person, no matter a tenant or a house owner, cannot evict parents, and eviction will be an offence,”. 

“Parents could expel their children from their home any time. An offspring must leave the house within seven days in such a case; otherwise he/she will have to face one-month jail term,” the bench said.

Mian Muhammad Akram, the father of one Ali Ikram had launched a complained before deputy commissioner that his son had expelled him from house. He urged the deputy commissioner to take action against his son Ali Ikram. The concerned deputy commissioner aske the father to file a complaint in the court of relevant jurisdiction. However, the LHC set aside decisions of the deputy commissioner and the appellate court in the matter. Through its verdict, the LHC’s bench issued directives to the deputy commissioner to abide by the provisions of the relevant law act.

It is pertinent to mention that President Dr Arif Alvi had promulgated an ordinance during this May to protect parents from being forcibly evicted by the children as the Parents Protection Ordinance (PPO) 2021 renders the act punishable by jail term or fine or both. The PPO 2021 is aimed to protect the citizens against forceful eviction by their children.

The children must leave the house of their parents within 30 days of the written notice issued by the parents and failing to do so might land them in jail for 30 days or a fine on them or both. The deputy commissioner of any district now has the power to move against the children upon complaint by parents.

Under the PPO 2021 children – who own the property or have rented the space themselves – are restricted to force out their parents of the house, as per the ordinance. Also, children will be held responsible for not obeying the instructions of their parents if they want their children out of the house that the parents own or have rented.

The children must leave the house of their parents within 30 days of the written notice issued by the parents and failing to do so might land them in jail for 30 days or slap a fine on them or both. The deputy commissioner of any district now has the power to move against the children upon complaint by parents. The action against such children whose parents have made formal complaints falling under the ambit of this ordinance will require no warrant. However, both parents and the children will have the right to appeal.

Author

Ashi Asif is an advocate High Court and associated with TLTP News Wire Service as correspondent since 2020. She has covered The Nobel Peace Prize Ceremony Norway 2022. She can be reached at ashi@lawtoday.com.pk

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