Maintenance to Senior Citizens: Maintenance to Parents - Shonee Kapoor

Maintenance To Senior Citizens

Indian law requires a non-disabled person who has means to maintain and support their parents, which include biological, step-parents and adoptive parents, in a similar manner that a person has to keep his wife and children. However, a special law was enacted for senior citizens – 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/infirm can seek maintenance from their grown children under the Hindu Adoptions and Maintenance Act, 1956 if they are unable to support themselves from their earnings or property. If the son or daughter is no longer alive, parents can still claim maintenance from the wealth and properties of the deceased child. This law does not provide maintenance to step-parents or parents of other religions.

Any parent, be it biological, adoptive, or 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 cannot keep themselves. This law is secular and applies to all citizens of India.

Quantum/ Amount of Maintenance:

Under any of the above acts, no standard sum of money is awarded as maintenance. It is decided on a case-by-case basis on the facts of the case. The court chooses to maintain based on the 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 maintenance liability. However, separate parameters would be decided upon. 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, the court can also make adequate provisions 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 the state government. In Delhi, SDM is vested with the authority to pass maintenance orders. The process is more straightforward and shorter, and the standard rule of leading evidence, etc, is dispensed with.

Maintenance under CrPC 125 must be applied in the magistrate court, which has territorial jurisdiction over the children or parents. In most states now, these cases are referred to the Family Court.

Maintenance under the Hindu Adoptions and Maintenance Act can be applied in the family court or civil court. If the monetary jurisdiction is in the High Court in metropolitan areas, the original suit can also be filed in that court.

All 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.

FREQUENTLY ASKED QUESTIONS

I don’t have any son, can I claim maintenance from my daughter?

Yes, under CrPC 125 and the Senior Citizen Act, 2007, one can claim maintenance from the daughter. The word daughter includes a married daughter. However, the son-in-law is only bound to maintain his wife’s parents if the wife earns or has assets.

I have more than One Children, can I claim maintenance from all of them?

Yes, you can claim maintenance from all children, and they shall be jointly liable to pay maintenance to you according to their own income and liabilities.

I am facing 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) and Maintenance Cases filed by my wife. Can my parents file a maintenance case on me to reduce maintenance for my wife?

Though this step has helped very few brethren to date, it remains in vogue. Actually, I think this has a high chance of backfiring. If you agree to pay high maintenance to parents, the courts ask you to match the same for your wife as well. Also, if the parents also allege that you are not a good person, that just solidifies the case in favour of the wife.