LAHORE: The Lahore High Court while explaining Section 3 of the Protection of Parents Ordinance, 2021, observed that eviction of parents by a child from a house has been described as an offence which may attract rigorous imprisonment for a term up to one year or fine or both.
The court passed these observations in a petition of Ali Muhammad Akram filed against a court of law remanding application of his father Mian Muhammad Akram to the deputy commissioner with direction to follow the procedure of law.
The court observed that under Section 3 the eviction of parents by a child from a house, owned or rented by the 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 fine or both.
The court said under Section 4 of the ordinance, 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 extent to 30 days or with fine of Rs5,000, the court observed.
The court held that under sub-section (2) of Section 4, a complaint can always be filed before the deputy commissioner by such a parent if a child fails to vacate the house.
The court held in the petition that the deputy commissioner failed to exercise his jurisdiction on the pretext that the complainant father should have his title declared from the civil court where civil litigation was pending.
The court said it appears to be misinterpretation of sub-section 4 of Section 4 wherein the word “irrespective of any defence put up by the child” was mentioned with further word “including the defences about the construction or purchase of house.”
The court held that this word excludes the pendency of civil suit on the said subject before the civil court.
The Protection of Parents Ordinance 2021 is a special law which has to be given special status; therefore, the jurisdiction of the Deputy Commissioner is well intact.
The court, therefore, allowed the petition and set aside the order of the Additional Sessions Judge, Faisalabad and the order of the Deputy Commissioner to the extent of referring the matter to civil court. The court, therefore, directed the Deputy Commissioner to exercise his jurisdiction on the basis of Ordinance
Copyright Business Recorder, 2021
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