MAINTENANCE & WELFARE OF PARENTS & SENIOR CITIZENS ACT, 2007

HOW DOES THE LAW PROVIDE RELIEF FOR SENIORS FACING FINANCIAL ABUSE?

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.

For further information, click on links below

https://www.indiacode.nic.in/bitstream/123456789/6831/1/maintenance_and_welfare_of_parents_and_senior_citizens_act.pdf

https://pib.gov.in/PressReleasePage.aspx?PRID=1843029

STEP BY STEP PROCEDURE TO APPLY FOR MAINTENANCE THROUGH TRIBUNAL

Stage 1 - Filing

·        Identify the Tribunal (where you stay or last resided or where children or relative last resided)

·        Application as per Form A made to Tribunal: This application can be made by the parent/ senior citizen themselves or through any person or organisation.

·        Application registered and notice sent to children or relative.

Stage 2 - Settlement / Inquiry

·        If both parties consent before inquiry, the application is sent to conciliation officer (the Conciliation Officer makes efforts to resolve the dispute through settlement). If settled report is given to tribunal.

·        If NOT settled: After hearing both parties, tribunal may grant a monthly allowance, even pending the inquiry.

·        Within 90 days from notice: inquiry to be completed. Monthly maintenance and rights on property etc, can be granted.

Stage 3 – Execution

·        If not happy with any order, appeal before appellate tribunal, within 60 days from date of order. Should be disposed within 30 days.

·        If amount not paid application can be made before Tribunal.

·        Appeal to be decided within 30 days.

Note:

o   Lawyer not mandatory. (Delhi High Court states otherwise). Law also provides for maintenance officers.

o   Tribunal has powers of a court, but is not really required to follow court process. Must provide opportunity to both sides.

o   Maintenance cannot be more than Rs 10,000/-. However, the bill for eliminating that is pending since 2019.

To know more about Senior Abuse, click here: https://vayah-vikas.org/article-info/WHAT-IS-SENIOR-ABUSE-%E2%80%93-RECOGNIZING-&-ADDRESSING-THE-ISSUE/NDAy

 -        Edited & compiled by Anita Natu