Senior Citizen Maintenance by Children in India

1. What is Senior Citizen Maintenance

a. Legal obligation of children to provide financial support to their parents
b. Ensures food, clothing, residence, medical care, and basic needs for senior citizens
c. Protects elders from neglect, abandonment, and financial insecurity

2. Legal Basis of Maintenance for Senior Citizens

a. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
b. Section 4 imposes duty on children and heirs to maintain parents and senior citizens
c. Section 9 empowers tribunals to order monthly allowance if children neglect or refuse maintenance

3. Who Can Claim Maintenance under the Act

a. Parents including biological, adoptive, and step-parents
b. Senior citizens aged 60 years and above
c. Dependent elders without sufficient means to sustain themselves

4. Process of Claiming Maintenance from Children

a. Filing of application by senior citizen or parent before Maintenance Tribunal
b. Notice issued to children or legal heirs
c. Hearing conducted to assess financial capacity and neglect
d. Tribunal passes order directing children to pay monthly allowance
e. Execution of order through local authorities if children fail to comply

5. Role of a Lawyer in Senior Citizen Maintenance Cases

a. Assists in drafting and filing application before tribunal
b. Collects evidence of neglect, abandonment, or refusal of care

c. Represents senior citizens during hearings before magistrate or tribunal
d. Ensures timely enforcement of maintenance orders
e. Advises on appeal in case of non-payment or challenge by children

FAQs on Senior Citizen Maintenance