Question :

Eviction of parents: What does the Constitution of Pakistan say about children who expel their parents after acquiring their property?

Answer:

Under Pakistani law, specifically the Parent Protection Ordinance, 2021, and the Family Courts Act, children who mistreat their parents or expel them from their homes after acquiring property can face serious legal consequences. The law explicitly protects parents and grants them the right to reclaim their property if they are subjected to such treatment.

Key Points Under Pakistani Law:

  1. Right to Evict Children: Parents have the right to evict their children from their home under the Parent Protection Ordinance if the children disrespect, mistreat, or fail to care for them.
  2. High Court Rulings: The courts, including the High Court, have repeatedly emphasized the importance of maintaining the dignity and rights of parents. Any undue influence or force used by children to take possession of property can be challenged in court.
  3. Legal Remedies for Parents:
    • Parents can file a case for the cancellation of the gift deed or transfer of property if the transfer was made under coercion or undue influence.

    • Under the Maintenance of Parents Act, children are legally obligated to financially support their parents. If a child expels their parents or neglects their duties, the parents can seek relief through the Family Courts by filing for maintenance and a restraining order to prevent further mistreatment. This legal provision ensures that parents are protected and entitled to financial support and security from their children.

    • Eviction of parents is a criminal act, and children responsible for such actions may face imprisonment for up to one year. Parents can file a direct complaint before the concerned Deputy Commissioner to swiftly restore their residence. This complaint can be filed against their son or even their daughter-in-law if they are responsible for the eviction.

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  4. Criminal Liability: Children who oust their parents can face legal action, including criminal charges, as such behavior is considered a form of neglect and abuse.

The Constitution of Pakistan ensures the dignity of individuals under Article 14. Expelling parents after acquiring property violates not only social and religious norms but also their constitutional rights.

You may reach out to Pak-Lawyer Associates for legal assistance against such disobedient children.

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