Overview of Maintenance and Welfare of Parents and Senior Citizens Act

Who can claim Maintenance?
  1. 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.
  2. 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
  1. 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.
  2. 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.
  3. State Government shall constitute an Appellate Tribunal at the district level where appelas against an order by the Maintenance Tribunal can be filed.
  4. Legal practitioners cannot represent either of the parties in the Maintenance or Appellate Tribunal.
  5. 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?
  1. 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.
  2. The Tribunal would give its decision within 90 days from receipt of application for maintenance.
  3. 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.
Punishment
  1. Abandonment of parent/senior citizen is a punishable offence.
  2. The offence is punishable with an imprisonment of upto 3 months, or a fine of Rs. 5000/- or both.
Find More:

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Maintenance Tribunals for Parents and Senior Citizens in Delhi
District Maintenance Officers in Delhi
Sec 125 CrPC & Maintenance and Welfare of Senior Citizens Act
Judgments – Section 125 CrPC – Maintenance of Parents

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