Who can claim Maintenance?
- Every senior citizen or parent or grand-parent who is unable to maintain himself or herself from his/her own income, can claim maintenance from his/her children.
- A childless senior citizen can claim maintenance from his relative who is in possession of Senior Citizen’s property or who would inherit the Senior Citizen’s property.
Procedure to claim Maintenance
- State Governments shall constitute Maintenance Tribunals in each district or sub-district, as the case may be. Parents or senior citizens can submit application for maintenance to Tribunal.
- If the parent or senior citizen is incapable of making the application himself/herself then any other person or registered voluntary organization authorized by him/her can file the application on his/her behalf.
- State Government shall constitute an Appellate Tribunal at the district level where appelas against an order by the Maintenance Tribunal can be filed.
- Legal practitioners cannot represent either of the parties in the Maintenance or Appellate Tribunal.
- State Government shall appoint the District Social Welfare Officer or an officer of equivalent rank as the Maintenance Officer who can represent the parent/senior citizen before the Maintenance/Appellate Tribunal.
What can be claimed?
- Maintenance allowance upto Rs. 10,000/- can be awarded by the Maintenance Tribunal which shall be payable to the parent/senior citizen by their children/relative.
- The Tribunal would give its decision within 90 days from receipt of application for maintenance.
- Any transfer of property done after commencement of this Act can be revoked in case of negligence by child/relative in looking after the parent/senior citizen.
- Abandonment of parent/senior citizen is a punishable offence.
- The offence is punishable with an imprisonment of upto 3 months, or a fine of Rs. 5000/- or both.