Section 14 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interest shall also be paid at such rate and from such date not earlier than the date of making the application as may be determined by the Tribunal which shall not be less than five per cent. and not more than eighteen per cent.: Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) is pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such application on the request of the parent and such parent shall be entitled to file an application for maintenance before the Tribunal.
Summary
- When making a maintenance order, the Tribunal may direct that simple interest be paid on top of the maintenance amount.
- The simple interest rate must not be less than five percent and not more than eighteen percent.
- The interest is calculated from a date determined by the Tribunal, which cannot be earlier than the date the maintenance application was made.
- If a maintenance application under Chapter IX of the Code of Criminal Procedure is pending when this Act starts, the parent can ask to withdraw it.
- Upon such withdrawal request, the court must allow the withdrawal, and the parent can file a maintenance application before the Tribunal.
Practical examples
FAQ
1. Can the Tribunal award interest on the maintenance amount?
Yes, the Tribunal may direct that simple interest be paid in addition to the maintenance amount.
2. What is the range of interest rates that the Tribunal can award?
The simple interest rate must be between five percent and eighteen percent.
3. From what date can the interest start accumulating?
The interest can start from a date determined by the Tribunal, but it cannot be earlier than the date the application for maintenance was made.
4. What happens if a parent already has a maintenance case pending under Chapter IX of the Code of Criminal Procedure?
The parent can request to withdraw that case, the court must allow the withdrawal, and the parent can then file a new case before the Maintenance Tribunal.
Test yourself
Q1.Under Section 14 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the minimum simple interest rate that a Tribunal can award on a maintenance claim?
Q2.Under Section 14 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the maximum simple interest rate that can be awarded?
Q3.Under Section 14 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, from what earliest date can the simple interest be directed to run?
Q4.Under Section 14 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what must a court do if a parent requests to withdraw a pending maintenance case under Chapter IX of the Code of Criminal Procedure?
Q5.How do Section 13 and Section 14 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 work together when an order for maintenance and interest is announced?