Provisions of maintenace and welfare of parents and senior citizen act

Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to senior citizens. In today’s blog post, we aim to shed light on the prevailing issues surrounding senior citizens, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety. INTRODUCTION

In September 2021, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is an Indian legislation that contains several provisions aimed at ensuring the maintenance and welfare of elderly parents and senior citizens. Please note that my information might not be up-to-date with any amendments that might have been made since then. H some key provisions of the Act:

1. Maintenance: The Act provides for the legal obligation of children and heirs to provide maintenance to their elderly parents and senior citizens. If parents or senior citizens are unable to maintain themselves from their own income or property, they can claim maintenance from their children or legal heirs.
2. Application: Parents or senior citizens who are unable to maintain themselves can apply to the Maintenance Tribunal established under the Act for an order of maintenance from their children or heirs. Similarly, children or heirs can also apply to the Tribunal for relief against any neglect or refusal to provide maintenance.
3. Maintenance Tribunal: The Act establishes Maintenance Tribunals at the sub-divisional level to hear and decide applications for maintenance and other related matters.
4. Maintenance Orders: The Tribunal has the authority to pass maintenance orders directing children or heirs to pay a monthly allowance to parents or senior citizens. The amount of maintenance is determined based on factors such as the needs of the parents/senior citizens and the income of the children/heirs.
5. Eviction Proceedings: The Act allows parents or senior citizens to seek eviction of children or legal heirs from their property if they are being neglected or mistreated.
6. Old Age Homes: The Act encourages the establishment of old age homes and provides guidelines for their registration and management. It also empowers the government to establish and maintain old age homes in every district.
7. Medical Facilities: The Act mandates children or legal heirs to ensure that senior citizens are provided with medical facilities and are taken care of in case of illness.
8. Protection of Life and Property: The Act includes provisions to protect the life and property of senior citizens, preventing actions that may cause harm to them.
9. Appeals: The Act allows for appeals against the orders of the Maintenance Tribunal in higher courts.
10. Penalties: The Act stipulates penalties for those who fail to comply with maintenance orders or violate its provisions We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to maintenance of parents. Written By- Adv Arti Mudgil( P2167/2013)