FAMILY LAW

Topic: -

Maintenance and Welfare of Parents

and Senior Citizens Act, 2007
Class Teacher
MR SOURAV AGARWAL

NAME: BONNY BASAK

ROLL NO.: 61
COURSE:LL.B. 3 YEARS (1st SEMESTER)

INDIAN INSTITUTE OF LEGAL

STUDIES
2016

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ACKNOWLEDGEMENT
With profound gratitude and sense of indebtedness I place on record my sincerest thanks to MR
SOURAV AGARWAL, class teacher in Law, Indian Institute of Legal Studies, for his guidance,
sound advice and affectionate attitude during the course of the study work.

There is no hesitation in saying that she molded raw clay into whatever we are through his
incessant efforts and keen interest shown throughout the academic pursuit. It is due to his patient
guidance that I have been able to complete the task.

I would also thank the Indian Institute of Legal Studies Library for the wealth of information
therein. I express my regards to the Library staff for cooperating and making available the books
for this project research paper.
Finally, I thank my beloved parents for supporting me morally and guiding me throughout the
project work.

Date:
_____________________
BONNY BASAK
LL.B (1st Semester) Roll No: 61

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TABLE OF CONTENTS
___________________________________________________________
Research

Methodology.

...3 - 4
A. Aims

and

Objectives..
3
B. Statement

of

Problem.
..3
C. Research

Hypothesis.

.3
D. Research
Questions..
..3
E. Methodology
of

Research.

.4
F. Scope

and

Limitations..
4
G. Review of

Literature..

.4
H. Mode

of

Citation.
4
Table
of
Cases
..5
Chapter

1:
Introduction
6 - 7
Chapter

2:
Maintenance
8-9

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What
is
maintenance
8
Who
is
entitled
to
maintenance..8
Whose
obligation
is
it
to
maintain
the
elderly....8
How is an application for maintenance and decided
.8
What if the elderly themselves and their children and specified
do
not
have
sufficient
means
to
maintenance
them.9
Abandonment
..9
Conditional
transfer
of
property.9
Chapter
3:
Governments
Role..10
Chapter 4:
Salient
futures
of
this
Act..
.11
Chapter
5:
Conclusion
.12
BIBLIOGRAPHY
13

RESEARCH METHODOLOGY
___________________________________________________________
A. AIMS AND OBJECTIVES
The aims and objectives of this project are to understand the concept and the principle of Good
faith in maintenance and welfare of parents and senior citizen. One of the aims of the project is
to have a comparative study on the provisions relating to maintenance and welfare of parents and
senior citizen Act.

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B. STATEMENT OF PROBLEM
Indian society lay high importance on providing care and protection for parents and
elderly. Withering of joint family system has contributed to the challenges faced by elderly.
Nowadays they are forced to live alone and are exposed to various kinds of problems such as
lack of physical, social, emotional and financial support. To overcome such difficulties and to
face new challenges, the Government of India has enacted this law in the fifty- eighth year of
republic so as to provide maintenance and protection to parents and senior citizens.

C. RESEARCH HYPOTHESIS
Research in common parlance refers to a search for knowledge. It is an original contribution to
the existing stock of knowledge making for its advancement. It is the pursuit of truth with the
help of study, observation, comparison and experiment. In short, the search for knowledge
through objective and systematic method of finding solution to a problem is research. This
research work is an attempt to distill lessons from the maintenance and welfare of parents and
senior citizen Act and the experience, particularly the provisions relating to the principle of good
faith and duty of disclosure in maintenance and welfare of parents and senior citizen Act.

D. RESEARCH QUESTIONS
Based on the statement of problem and research hypothesis aforementioned, the following
research questions have been formulated:
1. What is the awareness level among the general public in matters related to Maintenance
and Welfare of Parents and Senior Citizens Act, 2007?
2. Has the condition of elder citizens improved after the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007 was passed?
3. What is the provision of Medical care of Senior Citizen?
4. How Maintenance and Welfare of Parents and Senior Citizens Act, 2007 act has work
in present society?

E. METHODOLOGY OF RESEARCH

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Methodology implies more than simply the methods the researcher used to collect data.
It is often necessary to include a consideration of the concepts and theories which
underlie the methods. The methodology opted for the study on the topic is Analytical and
Doctrinal. Doctrinal research in law field indicates arranging, ordering and analysis of the
legal structure, legal frame work and case laws by extensive surveying of legal literature
but without any field work.

F. SCOPE AND LIMITATIONS

The scope of the study refers to the parameters under which the study is operating. An extensive
attempt has been made in order to search for the quest with regard to the topic under this paper.
Though there is ample scope to highlight on the principle of good faith and duty of disclosure
according to different Statutes, but the scope of research work is limited to a particular area in
search of answer. Therefore, the researcher confines to the materials which are available and
widely accepted.

G. REVIEW OF LITERATURE
The researcher while writing this project has taken recourse to various primary and secondary
sources. Primary sources would include various laws. Secondary sources would include books
and articles, reports and websites.

H. MODE OF CITATION
A Blue Book system of citation has been adopted throughout the project.

TABLE OF CASES

Rajubhai vs Manubhai 9th December, 2010

Digambar Warty S/O Madhavan Warty vs District Registrar Bangalore

Union of India vs Shankar Lal Soni & Anr on 8 December, 2009

Paramjit Kumar Saroya vs The Union of India on 28th may,2014
Balbir Kaur vs Presiding Officer cum- Sdm

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CHAPTER 1: INTRODUCTION
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in
2007, initiated by Ministry of Social Justice and Empowerment, Government of India., to
provide more effective provision for maintenance and welfare of parents and senior citizens. This
Act make it a legal obligation for children and heirs to provide maintenance to senior citizens
and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive
mechanism for the protection of life and property of the older persons. After being passed by
the parliament of India received the assent of President of India on December 29, 2007 and was
published in the Gazette of India on December 31, 2007.Some states have already implemented
the act and other states are taking steps for implementing this Act.

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Ageing is a natural process, which inevitably occurs in human life cycle. It brings with a host of
challenges in the life of the elderly, which are mostly engineered by the changes in their body,
mind, thought process and the living patterns. Our culture stated status of parents as that of God
through saying like Matrudeo Bhava, Pitrudeo bhava etc. The famous Shravankumars
story which was stated in Ramayana establishes this fact.
The parents and Senior citizens constitute a precious reservoir of such human resource as is
gifted with knowledge of various sorts, varied experiences and deep insights. Our culture
considers them as first teachers. The foundation of our life is build up by them. So children must
takecare of them, respect them. It must the moral duty of children to maintain their parents
and senior citizens11. Our traditional values and norms lay stress on showing respect and
providing care for the aged. May be they have formally retired, yet an overwhelming majority of
them are physically fit and mentally alert. Hence, given an opportunity, they are in a position to
make significant contribution to the socio-economic development of their nation.
But it is really disheartening to note that the senior citizens and parents are mostly
neglected, become desolate and find it very difficult to eke out their livelihood 2. Some of
them manage to find a place in the Homes for the Aged, some of them chose to beg and most of
them die of starvation and uncared for.2
The Indian legislature has enacted The Criminal Procedure Code, 1973, The Hindu
Marriage Act, 1955, The Divorce Act, 1869 and The Hindu Adoption and Maintenance Act,
19563 etc for providing maintenance to the uncared for spouses, children, sons, and daughters
and parents as well. 3

1 The Hindu, Wednesday, Mar21, 2007, Online edition of Indias National

Newspaper, www.thehindu.com
2

www.indiatogether.org

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CHAPTER 2 MAINTENANCE UNDER THE ACT, 2007

What is Maintenance?
Maintenance includes provision for food, clothing, medical, attendance and treatment. Maximum
amount which may be ordered for maintenance of a senior citizen by the tribunal shall be such as
prescribed by the State Government which shall not exceed Rs. 10,000/- per month.
Who can demand maintenance under this Act?
Parents and grandparents who are unable to maintenance themselves from their own income can
demand maintenance from their children as defined above.
And Childless Senior Citizen who are unable to maintenance themselves from their own
income can demand maintenance from relatives as defined above.
Who is entitled to Maintenance?

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Parents, grandparents and Senior Citizen who are unable to maintain themselves from their own
income and property are entitled to demand maintenance from their children and specified
relatives respectively with sufficient means.
Whose obligation is it to maintain the elderly?
It is the obligation of the children and specified relatives with sufficient means to provide
maintenance for their parents and childless Senior Citizen respectively.
How is an Application for Maintenance made and decided?
Application for maintenance may be made by the senior citizen or parent to the tribunal under
section 4 in laypersons language giving names full details and address of the persons from
whom they are demanding maintenance. If there is more than one child or relative, they claim
maintenance from one or all of them depending on their means of income.
Maintenance proceedings initiated against any child/children or relative in any district where the
parent and senior citizen lives or last lived or where the child/children or relative live.
If such applicants are incapable of making an application themselves, any other persons
registered voluntary organization authorized by him/her can make the application, the tribunal
would issue notices to the children. Conduct hearings, take evidence and order maintenance.
Tribunal may also refer the case for reconciliation or pass interim orders fo maintenance.
If children or relatives fail to pay the ordered maintenance without sufficient reason for 3 months
after its due date, the Senior Citizen can approach the tribunal against who impose a fine or order
imprisonment of the child/relatives up to a month or until payment is made whichever is earlier.
What if the elderly themselves and their children and specified do not have
sufficient means to maintenance them?
State Government may establish, in a phased manner, sufficient senior citizen homes the
maintain the same for indigent or abandoned and neglected (by their kith and kin) beginning with
at least one Old Age Home in each district sufficient to accommodate a minimum of 150 elderly.
State Government may also prescribe scheme for management of old age home, set standards
and prescribe minimum services for medical care and entertainment of the elderly in the Old Age
Homes.

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Abandonment:
Under section 24, if anybody who has responsibility for the care of protection of a senior citizen
leaves him/her in any place, with the intention of wholly abandoning him/her, such person shall
be punishable under this Act with the imprisonment of either 3 months or fine upto Rs. 5,000 or
both. The offence would be cognizable and will be tried by a Meguistrate.
Conditional Transfer of property
An important provision has been made for the elderly to claim their property back from children,
if given conditionally after commencement of the Act on promise of looking after their needs and
amenities if such promise is not fulfilled. Under Section 23, if after commencement of the act
any parents or senior citizens have transferred their property to their children or relatives on the
condition that they would provide certain maintenance and amenities to the senior citizen but
subsequently neglect or refuse to do so the parents senior citizen can get suh transfers voided
(cancelled) at their option by having such transfer treated as a fraudulent coercive acquisition and
seek return of their property so transferred.

CHAPTER-3 GOVERNMENTS ROLE

Constitution of Maintenance Tribunal and Appellate Tribunals by the State Government

in all sub divisions and States within 6 months of commencement of this Act.
State Government may make rules for carrying out the purposes of the Act by notification

in the official Gazette.

Summary trials by the tribunal for passing orders for maintenance.
Lawyers excluded from the proceedings.
Elderly can choose to seek maintenance either under this Act or under the provisions of

the Criminal Procedure Code 1973 if applicable but not under both the provisions.
No Civil Code to have jurisdiction in respect of any matters to which any provision of

the Act applies.

No injunction shall be granted by any civil Court in respect of anything which is done or

intended to be done by or under this Act. (section 27)

State Government to designate District Social Welfare Officer or an equivalent officer as

Maintenance Officer.
Maintenance Officer can represents a parent or Senior citizen if he/she wants.

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State Government may establish and maintain sufficient Senior citizen homes for indigent
or abandoned and neglected (by their kith and kin) beginning with each District sufficient

to house 150 elderly.

State Government may prescribe a scheme for management of old age homes, setting
standards and minimum services necessary for medical care and entertainment of the

elderly.
State Government to establish specific medical facilities, allocate doctors/hospital beds,
expand treatment for chronic, terminal and degenerative disease and conduct research on

elements of the elderly and ageing.

State Government take all measures to sensitize and orient the police and judiciary

regarding protection of life and property of the elderly and provisions of this act
This is a model legislature passed by the Central Government for adaption and
application by the States. The Act will apply in theState from the dtae fixed and notified
by the State in the official Gazette.

CHAPTER 4 - MAINTENANCE AND WELFARE OF PARENTS AND SENIOR

CITIZENS ACT 2007: TRANSLATING COMMITMENTS INTO ENTITLEMENTS
The Act is very brief with only 32 sections. It applies exclusive to the parents and senior citizen
who are above 60.Salient features of the Act are given below:
1.
2.
1.
2.
3.
4.

Senior citizens is one who is 60 and above

Parents, though not yet sixty, are also covered for maintenance / welfare
Under this act.
Children includes son, daughter and grand children excluding minors.
In the case of senior citizens or parents who cannot maintain themselves
From their own income or property, their children are obligated to maintain them
provide food, shelter, medical attendance and clothing;
5. In the case of childless parents / senior citizens, relatives who are eligible to
6. Inherit their property (self earned or inherited, tangible or intangible) are
7. Obligated to take care of parents.
5. If such obligation (phrase 4 & 5) is not forthcoming on its own, the senior citizen
8. Or parent may apply to the tribunal for an order against their children for a
9. Regular monthly allowance to be paid
6. The amount of such monthly allowance can be a maximum of Rs 10000/
7. The monthly allowance quantum may be revised by the tribunal from time to
10. Time.

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CHAPTER 5 - CONCLUSION
In spite of the loopholes and lacunas existing in the Act, the welfare and benefits which this Act
provides to the senior citizens and parents cannot be denied. This Act is very important as it
ensure speedy, inexpensive proceedings. This will be a great relief to the parents and senior
citizens. Also the precious time of Honble court can be saved as Tribunals are established. This
act is made applicable to senior citizens who are childless. So a very broad view is adopted in
this act. No hiring of Advocates and hence the cost of proceedings is reduced.
Very quick and fast steps should be taken to make people aware of the stated act and to
start all the proceedings of maintenance in Tribunal. The high court of Delhi in one case stated
Though not directly relevant, the court is mindful that Parliament enacted the Maintenance and
welfare of Parents and Senior Citizens Act, 2007, which a view to providing for senior citizens,
who are neglected by their children or near relatives; the enactment provide positive rights of
claiming maintenance, (by the senior citizens) from those relatives who are likely to inherit their
property
So as a nation, it is every citizens duty to ensure that Senior Citizens live a happy,
healthy and secure life. They took care of us in their youth and helped us grow; so we owe them
a better tomorrow.

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BIBLIOGRAPHY
A. PRIMARY SOURCES
I.

STATUTES:
1. Maintenance and Welfare of Parents and Senior Citizens Act 2007

B. SECONDARY SOURCES

I. BOOKS
II.

WEBSITES
-

http://www.bhavanaindia.org/bhavana/SALIENTFEATURESMWPSCA-2007.pdf
visited on 29-11-2015 at 08.05 P.M.

https://indiankanoon.org/doc/1254575/ visited on 29-11-2015 at 08.30 P.M.

socialjustice.nic.in/writereaddata/UploadFile/AnnexureX635996104030434742.pdf (visited on 29-11-2015 at 09.20 P.M.)

The Hindu, Wednesday, Mar21, 2007, Online edition of Indias National

Newspaper, www.thehindu.com (visited on 29-11-2015 at 09.35 P.M.)