Children to face jail time, penalty over eviction of parents from house: LHC
LAHORE – The Lahore High Court on Monday ruled that children evicting their parents from their house would face jail and penalty under the Parents Protection Ordinance (PPO) 2021.
A written verdict of Justice Ali Baqar Najafi cited that a person, no matter a tenant or a house owner, cannot evict parents from the house.
The court while explaining Section 3 of the Protection of Parents Ordinance, 2021, said that eviction of parents by a child from a house has been described as an offense that may attract rigorous imprisonment for a term up to one year or fine or both.
The development came after a petition of Ali Muhammad Akram who filed against a court of law remanding the application of his father to the deputy commissioner with direction to follow the procedure of law.
It also added that if a parent may evict a child, his spouse or offspring, from a house owned or rented by such a parent and if a child, his spouse or offspring, failed to vacate the house after seven days of service of notice of eviction, he may be punished with simple imprisonment for a term which may extend to 30 days or with fine of Rs5,000 under Section 4 of the ordinance.
The court ruled that a complaint can always be filed before the deputy commissioner by such a parent if a child fails to vacate the house under sub-section (2) of Section 4.
The court held in the petition that the DC failed to exercise his jurisdiction on the pretext that the complainant's father should have his title declared from the civil court where civil litigation was pending.
The court held that this word excludes the pendency of civil suit on the said subject before the civil court.
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Earlier this year, the president of Pakistan passed the ordinance, which was aimed to protect the citizens against eviction by their children.
The deputy commissioner of any district now has the power to move against the children upon receipt of a complaint by parents. The action against the children whose parents have made formal complaints falls under the ambit of this ordinance and requires no warrant. However, both parents and the children will have the right to appeal.
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