Can parents and senior citizens demand maintenance?

We often come across news reports about parents who have been abandoned by their well-to-do children. It is a painful fact that many elders and senior citizens are languishing in charitable institutions or homes for the destitute because their children do not want the burden of caring for them.

The Maintenance and Welfare of Parents and Senior Citizens Acts provides that parents and senior citizens who are unable to take care of themselves may make an application to the tribunal against their children or grand-children (or any one of them) seeking to be maintained by them. Even if the children/grand-children are residing outside India, such an application may be brought against them. the Tribunal through the Indian Mission or other appropriate authority shall serve summons upon such children/grandchildren to appear before the tribunal.

The parent or senior citizen should be above the age of 60 and the child/grandchild should be an adult. If the senior citizen does not have children, they may make an application against any relatives above the age of 18 who are using their property or would inherit their property upon their passing. Such an application may also be made against an adoptive child. There is a general limit of INR 10,000 per month provided under this Act. The senior citizen may also petition for and receive interim maintenance.

If the child/grandchild against whom the order of maintenance has been granted fails to comply with such order, a fine may be imposed on the child. For further non-compliance, the child or grandchild may also receive a jail sentence.

Senior citizens may also approach the Magistrate's Court under S.125 of the Criminal Procedure Code. There is no limit prescribed under the Criminal Procedure Code, but the process could be much longer, and may require several visits to the court.

It is also important to remember that State Governments are bound by law to set up old age homes, and provide basic necessities and medical care to the elderly and infirm. if such is being denied to a senior citizen, they may approach the court or petition the Collector in this regard.