بوڑھے والدین کو بے گھر کرنا یا ان کے گھر ہے قبضہ کرنا جرم ھے بلکہ اولاد بوڑھے والدیں کو کرائے کے گھر سے بیدخل بھی نھیں کرسکتے اس جرم کی شکایت کا اختیار متعلقہ ڈپٹی کمشنر کو ھے۔ جس کی سزا 1 سال قید اور جرمانہ بھی ھے۔

 PLD 2022 Lahore 559

In order to Understand the true and Correct import of the Protection of Parents Ordinance, 2021, its objective may be Perused .

Besides, Under Section 3 the eviction of parents by child from a house, owned or rented by said child, or in its possession by any other means, has been described as an offence, which may attract rigorous imprisonment for a term up to one year or with fine or with both.

Under Section 4 a parent may evict a child, his spouse or offspring, from a house owned or rented by such parent. However, if a child, his spouse or offspring, had failed to vacate the house after seven days of service of written notice of eviction by the parent, he may be punished with simple imprisonment for a term which may extent to thirty days or with fine of Rs. 50,000/-.

Under sub-section (2) to Section 4, if a child had failed to vacate the house a written complaint can always be filed before the Deputy Commissioner by such parent and upon receipt of such complaint, the Deputy Commissioner after his satisfaction and hearing the parties to the effect that ownership vests with parent shall pass an order of eviction of the house by a child, irrespective of the defence put up by the child including defence that he had constructed the house or purchased through funds of the child. This order passed under sub-section (5) as well as under sub-Section (2) of Section 4 of the Ordinance, is appealable under Section 7 of the Ordinance. However, the order passed under sub-section (5) does not need any recording of evidence as envisaged under Chapter XX of the Code of Criminal Procedure, 1898 but an order under subsection (2) which is a penal provision, the said procedure relatable to trial under Chapter XX of Code of Criminal Procedure, 1898 will be attracted. Under Section 6 the trial is to be conducted of a person who has been arrested or appeared or is brought before the Magistrate.

Notably, under sub-section (2) to Section 4 a complaint can be filed by parent before the Deputy Commissioner. In the said ordinance, neither the word “complaint” has been defined nor provisions of Section 200 to 240 under Chapter XVI to XIX were made applicable, meaning thereby that the procedure of complaint will not be followed.