Right of Senior Citizens to Claim Maintenance: How It Works (Section 4–6)

What Is Right to Maintenance For Senior Citizens Under Section 4?

• Senior citizens, including parents, can claim maintenance if they can’t support themselves from their income or property.

They may file an application under Section 5 in these cases:

• Parents or grandparents can apply against one or more adult children.
• Childless senior citizens can apply against relatives defined under Section 2(g).

What Are The Obligations of Children and Relatives:

• Children or relatives must provide for the senior citizen’s basic needs.
• The support should ensure the senior citizen lives a normal life.
• Children must support both parents if needed, including father, mother, or both.

A relative with sufficient means must provide maintenance if:

• They possess the senior citizen’s property, or
• They will inherit the senior citizen’s property.
• If multiple relatives will inherit, each pays in proportion to their share.

How Does The Application for Maintenance Work Under Section 5?

• A senior citizen or parent can file the application.
• If they are unable to file, the following can apply on their behalf:
• A person or organization authorized by them.
• The Tribunal may act suo motu (on its own).

Definition:

• “Organization” includes any registered voluntary association under the Societies Registration Act, 1860.

Interim Maintenance:

• The Tribunal may order interim monthly allowance during the proceedings.
• The children or relatives must pay as directed by the Tribunal.

Inquiry and Time Limit:
Upon receiving the application, the Tribunal must:

• Notify the children or relatives.
• Hear all parties.
• Conduct an inquiry to determine maintenance.
• The Tribunal must dispose of the application within 90 days of notice.
• It can extend this by 30 days only in exceptional cases with written reasons.

Liability and Continuation:

• Maintenance can be claimed against one or more liable persons.
• Other liable persons may be impleaded (added) to the application.
• Death of one liable person doesn’t end the obligation for others.

Payment Date:

• Allowance and proceeding expenses are payable from:
• The date of the Tribunal’s order, or
• The date of the application, if the Tribunal decides so.

Penalty for Non-Compliance:
If children or relatives fail to comply:

• Tribunal can issue a warrant to recover the due amount.
• The defaulter can be jailed up to 1 month or until payment is made.
• The senior citizen must apply for recovery within 3 months of the due date.

What Is The Jurisdiction and Procedure Under Section 6?

Jurisdiction:
Cases under Section 5 can be filed in the district:

• Where the senior citizen resides or last resided.
• Where the children or relatives reside.

Procedure:

• Upon receiving the application, the Tribunal:
• Issues summons to the children or relatives.
• Uses powers of a Judicial Magistrate First Class to secure their presence.

Hearing and Evidence:

• The Tribunal hears the case in the presence of the liable parties.
• It follows procedures for summons cases while recording evidence.
• If a party avoids attendance or service, the Tribunal can proceed ex parte.

Overseas Relatives:

• If the relative lives abroad:
• Tribunal serves summons through an authority notified by the Central Government.

Conciliation Before Hearing:

• Before the hearing, the Tribunal may refer the case to a Conciliation Officer.
• The officer must submit findings within 1 month.
• If a settlement is reached, the Tribunal passes an order accordingly.
• Note: The Conciliation Officer can be:
• A representative from a registered organization.
• A Maintenance Officer appointed by the State.
• Any person nominated by the Tribunal.

Relevant Case Laws

1. Dattatrey Shivaji Mane v. Lilabai Shivaji Mane & Ors. (2018). The Bombay High Court affirmed that Maintenance Tribunals have the authority to order eviction under Section 4 to protect senior citizens’ rights.

• The court emphasized that the Act empowers tribunals to take necessary actions to ensure the welfare of the elderly, including eviction of abusive children.

2. Suryakant Kisan Pawar v. Deputy Collector, Mumbai & Ors. (2022)
   The Bombay High Court held that a mother was justified in invoking Sections 4 and 5 to seek maintenance and eviction of her son who deprived her of a normal life.

• The court recognized the broader scope of “normal life” under Section 4, encompassing protection from harassment and ensuring mental and physical well-being.

3. Ramesh Pappi v. Ishwar Devi (2019)
   A 76-year-old widow successfully reclaimed her property and was granted a monthly maintenance allowance after her son fraudulently transferred her assets.

• The Sub-Divisional Magistrate ordered the cancellation of the transfer deed and directed the son to pay ₹2,000 per month as maintenance.

4. Anil Kumar Dhiman v. State of Haryana
   The Punjab and Haryana High Court ruled that senior citizens have the right to evict their children from self-acquired property if they are mistreated.

• The court emphasized the emotional and physical well-being of senior citizens and upheld their rights under the Act.

5. Shivani Verma v. State of U.P. & Ors. (2023)
   The Allahabad High Court clarified that parents, even if not senior citizens, can seek maintenance under Section 4 if unable to maintain themselves.

• The court highlighted that the Act’s provisions apply to parents irrespective of age, ensuring their right to a normal life.

6. Abhishek Tiwari & Anr. v. State of U.P. & Ors. (2022)
   The Allahabad High Court upheld the Maintenance Tribunal’s authority to order eviction under Sections 4 and 5, reinforcing the Act’s objective to protect senior citizens’ rights.

• The court emphasized the Act’s overriding effect over other laws, ensuring swift and effective remedies for the elderly.

Conclusion

Sections 4 to 6 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, play a vital role in safeguarding the dignity and well-being of elderly citizens. These provisions:
Legally mandate children and relatives to maintain their elderly parents or childless senior citizens.

Provide a simple and accessible legal mechanism for the elderly to seek maintenance through dedicated Tribunals.

Ensure time-bound decisions to prevent prolonged hardships.

Empower the Tribunals to act swiftly, including issuing interim maintenance and even ordering eviction for protection.

In essence, these sections uphold the constitutional value of respect and care for the elderly. They act as a strong legal shield, ensuring that senior citizens can live a secure, dignified, and independent life without financial or emotional neglect.