15/09/2025
protection Act 2023
PLD 2022 Lahore 559
Ss. 4, 6 & 7---Parents' right to Evict children---Trial---Appeal---Scope---Under subsection (2) of S. 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---Said order passed under subsection (5) as well as under subsection (2) of S.4 is appealable under S. 7---Order passed under subsection (5) does not need any recording of evidence as envisaged under Chap. 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 Chap. XX of Code of Criminal Procedure, 1898 will be attracted---Under S. 6 the trial is to be conducted of a person who has been arrested or appeared or is brought before the Magistrate.
S. 4---Parents' right to Evict children---Scope---Parent may Evict a child, his spouse or offspring, from a house owned or rented by such parent---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 extend to thirty days or with fine of Rs. 50,000/-.
S. 4---Parents' right to Evict children---Pendency of civil litigation---Scope---Father (respondent) filed application before the Deputy Commissioner alleging therein that the son (petitioner) forcibly stopped his entry in the house owned by the former---Petitioner appeared before the Deputy Commissioner; contended that the respondent used to live separately in another house and that civil litigation in respect of the house was pending adjudication---Deputy Commissioner notwithstanding the availability of registered gift deed in favour of respondent directed the parties to seek remedy from concerned court of law---Appellate Court remanded the case and directed the Deputy Commissioner to follow the procedure prescribed in Chap. XX of the Code of Criminal Procedure, 1898---Validity---Order passed by the Deputy Commissioner was under subsection (5) of S. 4, therefore, it was an order on the civil side and Chap. XX of Code of Criminal Procedure, 1898, was not attracted---Deputy Commissioner had failed to exercise his jurisdiction on the pretext of pendency of civil litigation---Order was based on misinterpretation of subsection (5) of S. 4 wherein the word "irrespective of any defence put up by the child" was mentioned with further words "including the defences that the house was constructed or purchased through the funds of the child"---Said words excluded the pendency of civil suit---Protection of Parents Ordinance, 2021 was a special law which had to be given special status, therefore, the jurisdiction of Deputy Commissioner was well intact---Criminal revision was allowed, orders passed by forums below were set aside and the Deputy Commissioner was directed to exercise his jurisdiction on the basis of the Protection of Parents Ordinance, 2021.
Punishment for Eviction of parents---Scope---Eviction of parents by child from a house, owned or rented by child, or in his 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.
-Complaint under subsection (2) of S.4 can be filed by parent before the Deputy Commissioner---Neither the word "complaint" has been defined nor provisions of Ss. 200 to 240 of Cr.P.C. are made applicable, meaning thereby that the procedure of complaint will not be followed.
