Laws for Maintenance and Welfare of Parents

Introduction to The Maintenance and Welfare of Parents

Having children and becoming parents is considered as one of the best feelings in the world. Suddenly you have someone who is your own blood and flesh, who makes you experience your own childhood once again. Parents have their own ups and downs in life while they sort their children’s troubles. They help their children grow up, become independent and gain success in life. However, sometimes, those children for whom parents sacrifice themselves do not have time or money to spend on their own parents.

When children or relatives abandon the elderly, the legislators come for rescue. There is section 125 of Code of Criminal Procedure (CrPC), 1973 which entitles parents along with wife and children for maintenance. CrPC Section 125 (1) (d) specifically provides the maintenance rights of father and mother. There is another legislation called Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It specifically deals with all the facets of interest regarding maintenance and welfare of parents via financial support and also establishment of old age homes for neglected parents or childless senior citizens.   

Object and Scope of Section 125 CrPC

The section 125 CrPC lays provision for wife, children and parents to seek maintenance from their husband, father and children, as the case may be. As per the 125 CrPC Maintenance provision, Maintenance and welfare of parents can be ordered by the respective courts if a son or daughter denies maintenance of parents and they lack any means of income to support themselves. Failure of payment of maintenance to parents may cause the Magistrate to issue a warrant against such person who may also be imprisoned upto 1 month or until payment done whichever sooner for every instance of breach. Parents who wish to know ‘How do I file a maintenance case against my son?’ should contact a nearby criminal lawyer.

Maintenance and Welfare of Parents and Senior Citizens Act 2007: Summary

When it comes to legislation, not every line of it is important for a person who is not a litigator for that matter. Hence, knowing the gist of the law for Maintenance and Welfare of Parents and Senior Citizens should be enough. Given below are some of the important pointers targeting the maintenance and welfare of parents:

• The Act for the maintenance and welfare of parents is applicable to parents of any age or senior citizens (people above 60 years).
• Maintenance orders can be sought against children or any relative who can be the legal heir of the senior citizens.
• The Act also mentions the establishment of a Maintenance Tribunal by the State Government.
• Parents can hire family lawyers for understanding the context but do not necessarily need one while the matter is before the Maintenance Tribunal.
• The maintenance application process is bound to be disposed of within 90 days of serving notice to the children/ relatives. An extension of 30 days may be given in case of exceptional circumstances.
• The maximum amount of maintenance payable under the Act is Rs 10,000. This bar is proposed to be annulled through a pending bill after the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Act 2019 comes into existence.
• The State government is also required to establish old age homes in a phased manner starting with one in each district.
• Non-payment of maintenance and welfare of parents may result in imprisonment of upto 3 months or until the amount is paid, or fine upto Rs 5000.

Understanding Maintenance and Welfare of Parents

Can parents demand maintenance from son?

Yes, the law entitles parents to demand maintenance from son as well as daughter if they are unable to maintain themselves. In the case of Dr (Mrs) Vijaya Manohar Arbat v. Kashi Rao Rajaram Savai and anr., the Court held that “a father or mother, unable to maintain himself or herself, can claim maintenance from their son or daughter. The expression "his father or mother" is not confined only to the father or mother of the son but also to the father or mother of the daughter.”^[1]

What if a son is not taking care of parents?

It is a moral as well as legal duty of both sons and daughters to take care of and provide maintenance to their parents. If this duty is not abided by, parents can knock on the doors of Maintenance Tribunals to get their monthly expenses from children. Non-payment of maintenance under the Act may invite the children for imprisonment of 3 months^[2] or until the payment of maintenance is made. However, money is not everything since old age has numerous difficulties that some people can not remain independent and need assistance for basic day-to-today chores. For that matter, section 19 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 provides for establishment of old age homes by the State Government that can accommodate indigent parents and senior citizens.

Also read property division under Family law in India.

What is Section 23 of the Senior Citizens Act?

The section 23 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 lays provision of declaring void certain transfers of property. It mainly protects the senior citizens from any financial fraud committed by people in a fiduciary relationship. For example, if a senior citizen gifts his/ her property to another with basic amenities and physical needs as the only condition, which the beneficiary fails to provide. In such a case, the transfer shall be assumed to have taken place through fraud or coercion or under undue influence and may be declared void (ineffective) at the option of such senior citizen.

Conclusion

Although family is a person’s personal affair, their unrestricted welfare is the obligation of authorities. Since we want every other vulnerable section of the society to know their rights, parents and aged people should also know their rights. And please take note that maintenance and welfare of parents is not a favour to the parents. It is just a pay back transaction of what they have already done for their children. If taking care of children in their tender years is what parents should do, some obligations lie with the children as well. They should understand that the communication, education, lifestyle, everything which they feel honoured about is designed by their own parents. Abandoning parents may be a choice but when law comes with an obligation, there is no way out. 

^[1]1987 AIR 1100, 1987 SCR (2) 331.

^[2]Section 24 of Maintenance and Welfare of Parents and Senior Citizens Act 2007.