mother can file application before senior citizen tribunal seek maintenance from her sons of Rs 10000 per month
she would be awarded maintenance
Taking care of aged mother by children
We are 7 children - 4 sons and 3 daughters all married. First son passed away- Father passed away in 1977 and mother worked hard as domestic help and taken care of the children. Now mother is 86 years old. She has no property or house in her name and no pension or any other income. For the past 18 years she is taken care by her Two sons together. The other son got married and is not taking care or coming and seeing her since the time he is married. No financial help to her from the time he got married. Now when we asked him to come for a meeting to decide on who will take care of her, he denied saying he will not take care nor give any money to support her Can she go legally to senior citizen tribunal and give complaint regarding this, don't that son has the right to take care of her too.
Asked 5 years ago in Family Law
Religion: Christian
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9 Answers
She all the children has equal responsibility to take care of there aged mother physically , medically and financially so if some one is not taking care the mother can file a complaint before the tribunal and can seek maintenance and orders against them even daughters to provide her financial aid and take care of her.
S.125 of CRPC casts duty upon children to maintain their parents, who may have no source of income. You can file an application under the said section before Magistrate Court within whose jursidiction you are residing.
Apart from above, The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need-based maintenance to the parents/grand parents from their children.The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
Our Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act 2007, recognizing statutorily that the parents are dependents of their daughters as well and are entitled to seek maintenance even from the married daughters.
Dear Client,
She can claim maintenance u/s 125 Crpc or/and u/s 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
She can file a writ petition in the High Court father maintenance from all the children together and could be direct two other living children to take care of her and provide the maintenance required
Dear Sir,
Get file a case against other sons before Asst. Commissioner (Revenue) under the following provisions. The details are as follows.
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IN THE COURT OF THE ASSISTANT COMMISSIONER, BENGALURU SOUTH DIVISION, BENGALURU
MSC/CR/ /2018-19
BETWEEN:
xyz
AND:
abc
,
APPLICATION UNDER SECTION 5 READ WITH SECTION 4 AND 23 OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007.
WHEREFORE, the petitioner in the above background prays the Hon’ble Authority/Tribunal to allow this petition in the following terms:
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that 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 for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance 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 organization authorized by him; or
c. the Tribunal may take cognizance suo motu.
Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?
Ans. 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.
What is the time limit for disposing an application for claiming maintenance?
Ans. An application filed under subsection (2) of Section 5 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. However, 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.
What is the monitoring mechanism for implementation of the Act by the States?
Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.
Has any timeframe has been prescribed for setting up of Tribunals by the States?
Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.
What is the effect of the order of maintenance?
Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.
Who can appeal to the appellate Authority under the Act?
Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.
What is the time limit for an appellate authority to dispose of the appeal?
Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.
Is there any penal provision for enforcement of maintenance order of the Tribunal?
Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.
What are the provisions about revocation of will?
Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.
Is any penalty/imprisonment is for the children who abandon their parents?
Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.
What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.
What are the provisions for medical care of senior citizens provided in the Act?
Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.
What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.
What are the provisions for prevention of abandonment of senior citizen provided in the Act?
Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.
What is the monitoring mechanism for implementation of the provisions of the Act by the States?
Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.
National Policy on Older Persons
What are the salient features of National Policy on Older Persons?
Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:
DEAR MADAM,
You may take shelter under the following Act which has empowered the officers to adopt summary procedure and extend all comforts to you.
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
When will the Act come into force in the States?
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.
What is the definition of a Senior Citizen under the Act?
Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that 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 for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance 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 organization authorized by him; or
c. the Tribunal may take cognizance suo motu.
Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?
Ans. 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.
What is the time limit for disposing an application for claiming maintenance?
Ans. An application filed under subsection (2) of Section 5 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. However, 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.
What is the monitoring mechanism for implementation of the Act by the States?
Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.
Has any timeframe has been prescribed for setting up of Tribunals by the States?
Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.
What is the effect of the order of maintenance?
Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.
Who can appeal to the appellate Authority under the Act?
Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.
What is the time limit for an appellate authority to dispose of the appeal?
Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.
Is there any penal provision for enforcement of maintenance order of the Tribunal?
Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.
What are the provisions about revocation of will?
Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.
Is any penalty/imprisonment is for the children who abandon their parents?
Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.
What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.
What are the provisions for medical care of senior citizens provided in the Act?
Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.
What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.
What are the provisions for prevention of abandonment of senior citizen provided in the Act?
Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.
What is the monitoring mechanism for implementation of the provisions of the Act by the States?
Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.
National Policy on Older Persons
What are the salient features of National Policy on Older Persons?
Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:
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YOU MAY PLEASE CALL THE FOLLOWING OFFICE FOR MORE DETAILS
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Senior Citizens Council of Delhi
Dedicated to the service of senior citizens, to enable them
to live an independent life of respect, autonomy and dignity.
Senior Citizens Council of Delhi is a registered body since 2007, representing senior citizens all over Delhi duly associated with the Ministry of Social Justice & Empowerment, Govt of India, Social Welfare Department of Delhi Govt, I.C.C.R and Senior Citizens Cell of Delhi Police.
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Senior Citizens Council
B-2/73-B
Safdarjung Enclave
New Delhi
110029
India
Phone: +[deleted]
NINE EIGHT ONE ZERO FOUR EITHT EIGHT ZERO FIVE NINE
Email:[deleted]
Dear,
Yes your mother can file petition u/s 125 crpc for maintaince and
u/s 5 of senior citizen welfare act.
Firslty, as per the information mentioned in the present query, makes it clear that the conduct of all who are not willing to take care of her is extremely horrible.
Secondly, yes, she can move before the state forum do senior citizen by way of a representation.
Thirdly, later on, she can also file Writ of Mandamus of the authority doesn’t do for the same for seeking directions for the authority as well as for the children to have a decision as to who would be giving what for the well-being of an old lady.
Your mother can approach the senior citizen forum against all her children and not only against one child.
If she is being taken care of by any one of the child then she need not approach court at all.
No doubt it is the duty of all the children to take care of their mother, but if you are not able to take care of her then you may ask the other brother to take care of her.
At this very ripe and old age do not ignore her just because that your another brother is turning hostile towards her.
