Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- (1)An application for maintenance under section 4, may be made--
- (a)by a senior citizen or a parent, as the case may be; or
- (b)if he is incapable, by any other person or organisation authorised by him; or
- (c)the Tribunal may take cognizance suo motu. Explanation.--For the purposes of this section "organisation" means any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being in force.
- (2)The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
- (3)On receipt of an application for maintenance under subsection (1), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance.
- (4)An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person: Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.
- (5)An application for maintenance under sub-section (1) may be filled against one or more persons: Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance.
- (6)Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance.
- (7)Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.
- (8)If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of each month's allowance for the maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made whichever is earlier: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within a period of three months from the date on which it became due.
Summary
- An application for maintenance can be made by the senior citizen or parent, or by any authorized person or registered organisation if they are incapable, or the Tribunal can start the case on its own (suo motu).
- The Tribunal has the power to order monthly interim maintenance payments while the main case is still pending.
- Once the Tribunal receives an application, it must send a notice to the children or relatives, hear both sides, and hold an inquiry.
- The Tribunal must decide the application for interim maintenance and legal expenses within ninety days of serving notice, with a single possible extension of up to thirty days for exceptional, written reasons.
- The maintenance order can be made against multiple people, and if one of them dies, the survivors must keep paying.
- Unpaid maintenance can lead to a warrant to levy the amount like a fine, and if it remains unpaid, the person can face imprisonment for up to one month or until payment is made, whichever is earlier. This warrant must be applied for within three months of the payment becoming due.
Practical examples
FAQ
1. Can a local NGO file a maintenance application on behalf of an old person?
Yes, if the senior citizen or parent is incapable of filing, any other person or voluntary organisation registered under the law and authorized by them can file the application.
2. How quickly must the Tribunal decide on the monthly maintenance and expenses?
The application for monthly allowance and expenses must be disposed of within ninety days from the service of notice. The Tribunal can extend this by a maximum of thirty days once, only in exceptional circumstances.
3. What happens to the maintenance liability if one of the children ordered to pay dies?
The death of one of the children does not affect the liability of the other children to continue paying their share of the maintenance.
4. Is there a time limit for recovering unpaid maintenance from a child who refuses to pay?
Yes, you must apply to the Tribunal to issue a recovery warrant within three months from the date the maintenance amount became due.
Test yourself
Q1.Under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, who can file an application for maintenance if the senior citizen is incapable of doing so?
Q2.Under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the standard time limit for disposing of an application for monthly maintenance and expenses?
Q3.Under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, by how many days can the Tribunal extend the standard ninety-day period for resolving the application?
Q4.Under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the maximum term of imprisonment that the Tribunal can impose on a person who fails to comply with a maintenance order without sufficient cause?
Q5.Under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the time limit for making an application to the Tribunal to recover unpaid maintenance?
Q6.Under Section 5 and Section 4 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if a parent files an application against two of their children, and one of those children subsequently passes away during the enforcement phase, what is the legal impact on the surviving child's liability?