Maintenance and welfare of parents and senior citizens act 2007 initiated by Ministry Of Social justice and empowerment ,Government of India. This act make It is a legal obligation for children to provide maintenance to senior citizens and parents.
This act extends to the whole India except the state of Jammu and Kashmir .This rule include son, daughter ,grandson ,grand daughter, but does not include minor.
In this act welfare means provision for food, clothing, residence ,medical attendance, healthcare ,entertainment necessary for the senior citizens. Parent means father or mother whether biological ,step father and step mother whether not the father, mother is a senior citizen. senior citizen means any person being a citizen of India who has attained the age of 60 years or above.
The obligation of children to maintain a senior citizen extends to the needs of such citizen so that a senior citizen may lead a normal life .During the pendency of providing monthly allowance for maintenance under this section ,order such children make a monthly allowance for the interim maintenance of parent and pay the same parent of the Tribunal may from time to time direct.
If children so ordered fail ,without sufficient cause to comply with the order for every breach of the order ,issue a warrant for levying the amount, may sentence such a person for the whole expenses proceeding remaining unpaid after the execution of the warrant,to imprisonment for a term to one month or until payment.
The act provides for maintenance officer to represent a parents during proceeding of the Tribunals. under the act state government may set up old age homes . The bill removes this and provides for senior citizen care homes . These homes are registered with the registration authority. Set up by the state government. This act provides separate queues,beds and facility for senior citizens .
The bill requires every police station to have at least one officer to deal with issues related to parents and senior citizens .
misuse for maintenance and welfare of parent and senior citizen act
- The court commented about the misuse of the act after considering a case where Transfer of Property in favour of a Daughter by an aged mother was cancelled an a complaint filed by mother. In the petition filed to High Court alleged that the complaint was filed at the instance of her brother by portraying the aged mom as illiterate .The Tribuner passed an order asking the petitioner to reconvey the property to her mother . The daughter argued before the High Court .She is ready to take care of her and to provide a shelter for her. The court set aside the tribunals order for cancelling the alignment of property . And ordered the daughter to look after her mother if she is willing to reside with her.