YES, Legally Parents i.e. father or mother whether biological, adoptive, or stepfather or stepmother can claim maintenance, if they are unable to maintain themselves.
Even an Adoptive Parents (Father & Mother) can claim maintenance from their children like a Biological Parents (Father & Mother).
Similarly, even a
childless Stepmother can also claim maintenance from her step children if she
is a widow or her alive husband is incapable to maintain her.
How can
Parents claim maintenance ?
If Parents having no source of income and unable to maintain themselves, then they can claim maintenance from their children or relative under the following provisions of the Act:-
👉Under section 125(1)(d) of the Code of
Criminal Procedure, 1973
👉Under Section 20 of the Hindu Adoption and
Maintenance Act, 1956
👉Under Section 4 of the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007
Under section 125(1)(d) of the Code of Criminal Procedure, 1973
Prior to 1973 there was no provision for maintenance of parents and now this provision is included in this Code under section 125(1)(d).
This section states that if any person having sufficient means neglects or refuses to maintain his father or mother, who are unable to maintain himself, a Magistrate of the first class may, on proof of such neglect or refusal, order such person to pay a monthly allowance for the maintenance of his father or mother at such monthly rates, in the aggregate, not exceeding rupees 500, as the Magistrate may think fit, and to pay to such person as the Magistrate may from time to time direct.
Who is entitled to claim maintenance?
The Parents must not having any source of income and unable to maintain themselves.
The person against whom Parents claim maintenance must have sufficient means/income to maintain the Parents, but he/she neglecting or refusing to maintain to them.
Procedure to claim Maintenance under this Act
The procedures for claiming maintenance under Section 125(1) (d) are given in Section 126 of the Criminal Procedure Code as follows:
➣The Claimant (Parents) can file an application against that person who is liable to pay the maintenance before the district family court where that person is residing and not from his residential address.
➣That Court will summon the opposite party to appear on the next date of hearing, and to contest the case filed by the Claimant.
➣That Court may pass an order for maintenance after recording statement of both the parties and hearing the case.
➣If that person failed to appear after receiving the summons of the Court, then an Ex-Parte Decree/order of maintenance may be passed against that person, as the proceedings of this Section are Civil in nature.
➣A copy of the maintenance order can be received by the Claimant free of cost from the Court.
Generally, this maintenance are payable from the date of the Application moved before the Court, however this depends upon the discretion of the Court.
That person against whom order is passed is bound to pay maintenance to his /her Parents, and if fails to comply with the order of the Court, then an order for attachment his /her property or salary can be passed and even warrant may be issued.
Under Section 20 of the Hindu Adoption and Maintenance Act, 1956
According to this Section of the Act, the Children are under obligation to maintain their parents who are unable to maintain themselves out of their own personal earnings and property.
Under this Act, both the mother/step mother and the father have equal right to claim maintenance from their son and daughter, whether they are legitimate or illegitimate, but not from grandson or granddaughter.
Under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Section 4 of the Act gives a right to the
Senior citizens and Parents & grandparents to claim maintenance from their
children or legal heirs.
The Parents may be Biological/adoptive/father or mother or step father or step mother, and it is not necessary that the parents must be a senior citizen, and the grandparents may be maternal or paternal.
Procedure to claim Maintenance under this Act:
Section 6 of this Act provides for procedure for claiming maintenance as follows:-
➧The Claimant (Parents) can file an application under Section 5 of this Act against the children or relative who is liable to pay the maintenance before the Tribunal where he/she is residing or last resided.
➧Further, if the Claimant is incapable to file an application, then he can authorize on his behalf to any other person or registered organization to make an application.
➧After receiving the application, the Tribunal shall issue a notice to the opposite party i.e. Children /relative to appear on the next date of hearing, and to contest the claim filed by the Claimant.
➧Further Tribunal will pass maintenance order after hearing the parties.
➧If the children/relative fails to appear before the Tribunal after service of the notice, then the Tribunal may proceed to hear and pass an Ex-parte decree/order.
➧If the children /relative against whom this application is filed are residing out of India, then the notice shall be served by the Tribunal through such authority, as the Central government may by notification in the official Gazette specify in this behalf.
➧The children/relative against whom order is passed is bound to pay maintenance to the Parents, and if fails to comply with the order of the Tribunal within three months period of the order, then they can be punished with fine with the imprisonment of one month and more till the time of payment.
In the year 2018, the government has
amended this Act with the Maintenance and Welfare of Parents and Senior
Citizens (Amendment) Bill, 2018, and increased the coverage period from one to
six months with a fine upto Rs.10,000/- or both.
Who is liable to pay Maintenance to Parents?
Now after the amendment in the Act, the following are responsible for the care and maintenance of Parents and Senior Citizens:-
👉Son /Daughter
👉Grandson/Granddaughter
👉Son-in-law/Daughter-in-law
👉In case the Parents or Senior Citizens are
childless, then they can claim maintenance from distant relatives.
Conditions to claim maintenance from relatives:
That relative must be a major and have sufficient means to provide maintenance
That relative should either possess the property of the senior citizens or they will inherit the property after the death of senior citizens.
If there are more than one relatives who are entitled to inherit the property of the senior citizen then maintenance shall be payable by such relative in the proportion in which they would inherit his property.
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