As per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 any senior citizen (having an age of 60 or above 60 years) including a grandparent/parent (which includes father/mother/adoptive father/adoptive mother/step father/step mother, whether or not the father or the mother) is entitled to make an application for getting a maintenance which necessary to lead a normal life, from
- One or more of his/her children who are not minors
- An adult/major legal heir of a childless senior citizen who is in possession of or would inherit the senior citizen’s property after death)
An application in the following form can be made:
* Please note that this model draft may be used mutatis mutandis *
After the application is received, the children/relatives (as stated above) are notified and given an opportunity of being heard. After which an inquiry is held for the determination of maintenance. The law makes it mandatory, that the application for monthly maintenance and litigation expenses is disposed of within 90 days from the date of receipt of notice by the respondent. However, only in exceptional circumstances, this period may be extended only by 30 days, that too after recording reasons in writing.
An application can be filed against more than one persons and in case order of maintenance is made against one or more persons, then even if one of them dies, it would not affect the liability of the others to pay maintenance.
Any amount awarded as allowance for maintenance or expense for proceeding shall be payable from the date of such order. In case the respondent does not abide by the order of the court, then warrants can be issued and the respondent can be subjected to fine/imprisonment by the court as per the provisions of law.
Please note that during the pendency of the proceedings, interim relief can also be prayed for as the act provides for grant of an interim relief while the proceedings are pending./
Also, the court can also take suo moto cognizance (initiate action on its own).