MAINTENANCE TO SENIOR CITIZENS
Indian law requires
an able-bodied person who has means to maintain and support their parents,
which include biological, step-parents and adoptive parents, in the similar
manner that a person has to maintain his wife and children. However for senior
citizens, a special law was enacted: The Maintenance and Welfare Of Parents And
Senior Citizens Act, 2007, under which a senior citizen (above 60 years) can
get maintenance from his adult children or legal heir. However, this is not the
only act under which the parents/ senior citizens can seek maintenance from
their children.
A Hindu
Biological/Adoptive parent, who is aged/infirmed, can seek maintenance from
their grown children under the Hindu Adoptions and Maintenance Act, 1956 if
they are unable to maintain themselves from their own earning or property. In the
event, when the son or daughter is no more, parents can still claim maintenance
from the wealth and properties of the deceased child This law does not provide
maintenance to step parent or parents of other religions.
Any parent be it biological/ adoptive/
step parent can also claim maintenance under Section 125 of the Code of
Criminal Procedure (Better known as CrPC 125), if any person with sufficient resources refuses or ignores to
maintain parents who are unable to maintain themselves. This law is secular in
nature and is applicable to all citizens of India.
Quantum/ Amount of Maintenance:
Under any of the above acts, there is no standard sum of money awarded as maintenance. It is
decided on a case-by-case basis on the facts of the case. The court decides maintenance based on following parameters:
* Income of the respondent and petitioner,
* Needs and requirements of the respondent and petitioner,
* Whether they are living in the same household or not,
* Any special needs of the Petitioner,
* Liabilities of the respondent,
* Number of persons who are to be maintained by the respondent.
Maintenance after death of the Children:
The spouse or
offspring of the deceased children also can not escape the liability of maintenance.
Though it would be decided on separate parameters. The court may order that a
portion of a person's wealth and assets be given to parents in case of
intestate succession and the same would be applicable as per the rules of
succession. Otherwise also, the court can make adequate provision from the
estate left after paying debts for the maintenance of children. Sadly
The Maintenance and Welfare Of Parents And Senior Citizens Act 2007 or other
acts don't cast any liability on the daughter-in-law/son-in-law to provide for maintenance
from her/ his earnings.
Process of claiming Maintenance:
Maintenance under The Maintenance and Welfare Of Parents And Senior Citizens Act, 2007 can be applied in a tribunal set by state government. In Delhi, SDM is vested with authority to pass an order for maintenance. The process is simpler and shorter and the normal rule of leading evidence etc is dispensed with.
Maintenance under
CrPC 125 has to be applied in the magistrate court having territorial jurisdiction
over the children or parents. In most states now these cases are now referred
in the Family Court.
Maintenance under Hindu
Adoptions and Maintenance act can be applied in the family court or civil
court. In metropolitan areas the original suit can also be filed in the High
Court if pecuniary jurisdiction is of High Court.
These courts/
tribunals would first try to bring amicable settlement between parties to
arrive at a settlement of maintenance amount and the order passed can be
enforced as per the specific act by attachment of properties or by putting in
civil prison.
Courtesy:
Shonee Kapoor.
(The blog writer/compiler is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides, he is President of "Consumer Justice Council", Secretary of "SARATHI", Member of "Jan Manch", Holds "Palakatva of NMC", is a Para Legal Volunteer, District Court, Nagpur, RTI Activist & Member of Family Welfare Committee formed under the directions of Hon. Supreme Court).
Shonee Kapoor.
(The blog writer/compiler is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides, he is President of "Consumer Justice Council", Secretary of "SARATHI", Member of "Jan Manch", Holds "Palakatva of NMC", is a Para Legal Volunteer, District Court, Nagpur, RTI Activist & Member of Family Welfare Committee formed under the directions of Hon. Supreme Court).
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