This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a deep interest in public welfare laws and senior citizen rights, the article presents clear and practical insights on complex legal provisions like the Maintenance and Welfare of Parents and Senior Citizens Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.
Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a straightforward and time-bound process for senior citizens and parents to claim maintenance from their children or legal heirs.
Who Can File the Complaint?
- The senior citizen or parent can file the complaint directly.
- An authorized representative or organization can file it on their behalf.
- The Tribunal may also initiate proceedings suo motu (on its own motion).
What to Include in the Application
The application should include:
- Details of the applicant and respondent
(Name, age, address, Aadhaar number) - Proof of relationship and any supporting documents
- The relief sought, including any interim maintenance if required
Where to Submit the Complaint
The application must be filed before the Maintenance Tribunal in the district:
- Where the applicant or respondent currently resides, or
- Where they last resided together
The Tribunal is typically headed by the Sub-Divisional Magistrate (SDM) or Assistant Commissioner.
How the Tribunal Handles the Complaint
- A notice is issued to the respondent
- Both sides are allowed to present their case
- Proceedings follow the process of a summons case
- Interim maintenance may be granted during the course of the hearing
Time Limit for Decision
- The Tribunal must dispose of the case within 90 days from the date of notice
- In exceptional circumstances, the timeline may extend up to 120 days
Filing an Appeal
- An appeal may be filed with the Appellate Tribunal if the applicant is dissatisfied with the decision
- The appeal must be filed within 60 days from the date of the Tribunal’s order
Role of the Conciliation Officer
- The Tribunal may appoint a Conciliation Officer to attempt an amicable resolution
- The officer is given one month to submit a report
- Based on the report, the Tribunal may issue a final order
The Conciliation Officer may be:
- A Maintenance Officer appointed by the state, or
- Any other person designated by the Tribunal
Conclusion
The Senior Citizens Act, 2007 ensures that parents and elderly citizens can live with dignity and financial stability. By offering a simple complaint mechanism, strict timelines, and a structured hearing process, the law strengthens the duty of children and legal heirs to care for their elders.
