It is the responsibility of both children to take care of the needs and requirements of the ageing parents.
Parents can claim maintenance from both children if the pension amount is not sufficient.
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
AN ACT
to provide for more effective provisions for the maintenance and welfare of parents and
senior citizens guaranteed and recognized under the Constitution and for matters
connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows :-
CHAPTER 1
PRELIMINARY
1. Short title extent, Application and commencement : (1) This Act may
be called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
(2) It Extends to the whole of India except the State of Jammu and Kashmir and it applies
also to citizens of India outside India.
(3) It shall come into force in a State on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. Definitions : In this Act, unless the context otherwise requires,—
(a) “children” includes son, daughter, grandson and grand-daughter but does not
include a minor;
(b) “maintenance” includes provision for food, clothing, residence and medical
attendance and treatment;
(c) “minor” means a person who, under the provisions of the Indian Majority Act, 1875, (9
of 1875) is deemed not to have attained the age of majority;
(d) “parent” means father or mother whether biological, adoptive or step father or step
mother, as the case may be, whether or not the father or the mother is a senior citizen;
(e) “prescribed” means prescribed by rules made by the State Government under this
Act;
(f) “property” means property of any kind, whether movable or immovable, ancestral or
self acquired, tangible or intangible and includes rights or interests in such property;
(g) “relative” means any legal heir of the childless senior citizen who is not a minor and
is in possession of or would inherit his property after his death;
(h) “senior Citizen” means any person being a citizen of India, who has attained the age
of sixty years or above;
(i) “State Government”, in relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution;
(j) “Tribunal” means the Maintenance Tribunal constituted under section 7;
(k) “welfare” means provision for food, health care, recreation centres and other
amenities necessary for the senior citizens.
3. Act to have overriding effect : The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or
in any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II
MAINTENANCE OF PARENTS AND SENIOR CITIZENS
4. Maintenance of parents and senior citizens : (1) A senior citizen including parent who
is unable to maintain himself from his own earning or out of the property owned by him, shall be
entitled to make an application under section 5 in case of—
(i) parent or grand-parent, against one or more of his children not being a minor;
(ii) a childless senior citizen, against such of his relative referred to in clause (g) of
section 2.
(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen
extends to the needs of such citizen so that senior citizen may lead a normal life.
(3) The obligation of the children to maintain his or her parent extends to the needs of such
parent either father or mother or both, as the case may be, so that such parent may lead a normal
life.
(4) Any person being a relative of a senior citizen and having sufficient means shall
maintain such senior citizen provided he is in possession of the property of such senior citizen or
he would inherit the property of such senior citizen:
Provided that where more than one relatives are entitled to inherit the property of a senior
citizen, the maintenance shall be payable by such relative in the proportion in which they would
inherit his property.
5. Application for maintenance : (1) An application for maintenance under section 4, may
be made—
(a) by a senior citizen or a parent, as the case may be; or
(b) if he is incapable, by any other person or organisation authorised by him; or
(c) the Tribunal may take cognizance suo motu.
Explanation.- For the purposes of this section “organisation” means any voluntary
association registered under the Societies Registration Act, 1860, (21 of 1860) or any other law
for the time being in force.
(2) The Tribunal may, during the pendency of the proceeding regarding monthly
allowance for the maintenance under this section, order such children or relative to make a
monthly allowance for the interim maintenance of such senior citizen including parent and to pay
the same to such senior citizen including parent as the Tribunal may from time to time direct.
(3) On receipt of an application for maintenance under sub-section (1) after giving notice
of the application to the children or relative and after giving the parties an opportunity of being
heard, hold an inquiry for determining the amount of maintenance.
(4) An application filed under sub-section (2) for the monthly allowance for the
maintenance and expenses for proceeding shall be disposed of within ninety days from the date
of the service of notice of the application to such person:
Provided that the Tribunal may extend the said period, once for a maximum period of thirty
days in exceptional circumstances for reasons to be recorded in writing.
(5) An application for maintenance under sub-section (1) may be filed against one or more
persons:
Provided that such children or relative may implead the other person liable to maintain
parent in the application for maintenance.
(6) Where a maintenance order was made against more than one person, the death of
one of them does not affect the liability of others to continue paying maintenance.
(7) Any such allowance for the maintenance and expenses for proceeding shall be
payable from the date of the order, or, if so ordered, from the date of the application for
maintenance or expenses of proceeding, as the case may be.
(8) If, children or relative so ordered fail, without sufficient cause to comply with the order,
any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due
in the manner provided for levying fines, and may sentence such person for the whole, or any
part of each month’s allowance for the maintenance and expenses of proceeding, as the case
may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which
may extend to one month or until payment if sooner made whichever is earlier:
Provided that no warrant shall be issued for the recovery of any amount due under this
section unless application be made to the Tribunal to levy such amount within a period of three
months from the date on which it became due.
6. Jurisdiction and procedure :
(1) The proceedings under section 5 may be taken
against any children or relative in any district—
(a) where he resides or last resided; or (b) where children or relative resides.
(2) On receipt of the application under section 5, the Tribunal shall issue a process for
procuring the presence of children or relative against whom the application is filed.
(3) For securing the attendance of children or relative the Tribunal shall have the power of
a Judicial Magistrate of first class as provided under the Code of Criminal Procedure, 1973. (2 of
1974)
(4) All evidence to such proceedings shall be taken in the presence of the children or
relative against whom an order for payment of maintenance is proposed to be made, and shall be
recorded in the manner prescribed for summons cases:
Provided that if the Tribunal is satisfied that the children or relative against whom an order
for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully
neglecting to attend the Tribunal, the Tribunal may proceed to hear and determine the case ex
parte.
(5) Where the children or relative is residing out of India, the summons shall be served by
the Tribunal through such authority, as the Central Government may by notification in the official
Gazette, specify in this behalf.
(6) The Tribunal before hearing an application under section 5 may, refer the same to a Conciliation Officer and such Conciliation Officer shall submit his findings within one month and if amicable settlement has been arrived at, the Tribunal shall pass an order to that effect.
Explanation.- For the purposes of this sub-section “Conciliation Officer” means any person
or representative of an organisation referred to in Explanation to sub-section (1) of’ section 5 or
the Maintenance Officers designated by the State Government under subsection (1) of section 18
or any other person nominated by the Tribunal for this purpose
