Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation, initiated by Ministry of Social Justice and Empowerment, Government of India to provide more effective provision for maintenance and welfare of parents and senior citizens. It makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. It also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons. After being passed by the Parliament of India, it received President's assent on December 29, 2007.
The first case under the act was filed in November 2011 by Siluvai (age 84) and his wife Arulammal (age 80) of Tuticorin against their son and daughter-in-law for neglect, besides taking away their two homes and gold jewellery.
Objectives of the Act
This act provides an in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens. This act casts obligations on children to maintain their parents/grandparents and also the relative of the senior citizens to maintain such senior citizens. The main attraction of this act is there are provisions to protect the life and property of such persons. This act also provides for the setting up of old age homes for providing maintenance to the indigent senior citizens and parents. This Act extends to the whole of India.
Definitions
Children include son, daughter, grandson, grand daughter, son-in-law, daughter-in-law but does not include a minor Maintenance includes provision for food, clothing, residence, medical attendance and treatment Parent means father or mother whether biological, adoptive or step father or step mother, whether or not father or mother is a senior citizen Senior citizen means an Indian who attained the age of 60 years or above Relative means any legal heir of childless senior citizen who is not a minor and is in possession of or would inherit his\her property after his\her death Welfare means provision for food, healthcare, recreation centers and other amenities necessary for senior citizens
Maintenance of parents and senior citizens
A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, is entitled to get relief under this Act. Children/grand children are under obligation to maintain his or her parent either father, mother or both. Likewise, relative of a senior citizen is also bound to look after the senior citizen. If such children or relative is not maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance. Such parents/ senior citizen can file an application before the Tribunal, claiming maintenance and other reliefs from their children/relatives as the case may be.
Such application for maintenance can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organisation authorised by him. The Tribunal can also suo motu take cognizance of the case. After receiving the application the Tribunal may issue notice to the respondent-children/relative and provide them time to furnish their reply. Such application for maintenance should be disposed of within 90 days from the date of service of notice of application to the respondent. However, the Tribunal can extend time for a maximum period of 30 days in exceptional circumstances after recording reason. The Tribunal is having power to allow interim maintenance pending disposal of the case. Even though the application can be filed against any of children/relative as the case may be, such respondent-children/relative can implead other person who are liable to pay maintenance.