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Law favouring parents, sr citizens may have a flaw; Delhi HC wants AAP govt’s response

New Delhi: The Delhi High Court has sought the AAP government’s response to a petition challenging the July 2017 notification for amendment of rules under the Care and Welfare of Parents and Senior Citizens (MWPSC) Act, 2007. By changing the rules of this law, the elderly are allowed to evict their children or legal heirs from their property.

A bench led by the Chief Justice D.N. Patel and Justice Prateek Jalan issued notice to the Delhi government on a woman’s plea and asked them to file a reply. The woman’s in-laws initiated action against her under the MWPSC Act, which led to the order for eviction.

The woman has also challenged the order of eviction by the tribunal constituted under the law on August 11. She has claimed that her mother-in-law complained under this law because she had lodged complaints against her husband several times for being generally intoxicated.

Issuing notice to the Delhi government, the bench sent the dispute related to the matrimonial case for arbitration and asked the woman and her in-laws to appear before the arbitrator on September 15.

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The bench said that after considering the facts and circumstances of the case, there is scope for reconciliation between the parties. Therefore, “We are sending the case to the arbitrator at the Arbitration Center of Delhi High Court.” The bench also directed maintenance of status quo in relation to the eviction of them from the property.”

-India Legal Bureau

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