Section 11 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- (1)A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
- (2)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 (2 of 1974) and shall be executed in the manner prescribed for the execution of such order by that Code.
Summary
- A copy of the maintenance order, including any order for expenses, must be given free of charge to the senior citizen or parent.
- The maintenance order can be enforced by any Tribunal in any place where the person ordered to pay is located.
- Before enforcing the order, the Tribunal must verify the identity of the parties and ensure the allowance has indeed not been paid.
- A maintenance order issued under this Act has the exact same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973.
- The maintenance order must be executed using the same procedures prescribed for executing maintenance orders under that Code.
Practical examples
FAQ
1. Does a senior citizen have to pay any money to get a copy of their maintenance order?
No, a copy of the maintenance order and any order regarding proceeding expenses must be given free of charge to the senior citizen or parent.
2. Can a senior citizen enforce their maintenance order if the child moves to another state?
Yes, any Tribunal in any place where the child resides or is found can enforce the order.
3. What does the Tribunal check before enforcing an order from another area?
The Tribunal must be satisfied about the identity of the parties and the fact that the maintenance amount has not been paid.
4. How is the enforcement carried out under this Act?
The order has the same force as an order under Chapter IX of the Code of Criminal Procedure, 1973, and is executed in the manner prescribed by that Code.
Test yourself
Q1.Under Section 11 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, how much fee must a senior citizen pay to obtain a copy of the maintenance order?
Q2.Under Section 11 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, where can a senior citizen enforce a maintenance order if the child moves to a different region?
Q3.Under Section 11 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which criminal law provides the framework and procedure for executing the maintenance order?
Q4.Under Section 11 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what two things must a Tribunal be satisfied of before executing an enforcement request?