Section 12 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may, without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under either of those Acts but not under both.
Summary
- A senior citizen or parent who is entitled to maintenance may also have a claim under Chapter IX of the Code of Criminal Procedure, 1973.
- The provision gives the senior citizen or parent a clear option to choose which law they want to use.
- The parent or senior citizen can claim maintenance under either of those Acts, but they cannot claim under both.
- This option to choose does not harm or prejudice their other rights under Chapter IX of that Code.
Practical examples
FAQ
1. Can a parent get maintenance money under both the Code of Criminal Procedure and this Act?
No, a parent or senior citizen can claim maintenance under either of those Acts, but not under both.
2. What is the other law that is compared to this Act for maintenance?
Chapter IX of the Code of Criminal Procedure, 1973, is the other major law under which parents can claim maintenance.
3. Does choosing this Act over the other code hurt the parent's overall legal rights?
No, the choice is made without prejudice to the provisions of Chapter IX of the Code, meaning their legal rights under that Code are not damaged.
4. Can a senior citizen choose which court or forum they prefer?
Yes, they have the option to claim under whichever Act they prefer, based on what is more convenient for them.
Test yourself
Q1.Under Section 12 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if a senior citizen is entitled to maintenance under both this Act and Chapter IX of the Code of Criminal Procedure, 1973, what is the rule?
Q2.Under Section 12 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which specific chapter and code is cross-referenced as providing an alternative maintenance claim?
Q3.Under Section 12 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what does the term "without prejudice to the provisions of Chapter IX of the said Code" mean for a parent?
Q4.Under Section 12 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what happens if a senior citizen tries to run active maintenance claims to receive payments under both the Code of Criminal Procedure and this Act?