Criminal Law GK - 7 Maintenance of Parents and Senior Citizens Act 2007 application for maintenance, liability of children and relative, Jurisdiction, Interim order, Maximum period for disposal of case, Punishment, Appeal, Cancellation of Transfer of Property

SNo Legal Term/Question Answer
1 What is age limit for senior citizen to get maintenance as per the Act As per Section 5 of the Act Senior citizen who has attained 60 years is entitled for maintenance, if he is unable to maintain himself.
2 What is the application of Maintenance of Parents and Senior citizens Act for maintenance to parents Parent who is unable to maintain himself from his own earning or out of property owned by him or her is entitled for maintenance as per Section 5 of the Act. As per section 2(3) of the Act father or mother whether biological or adoptive is entitled for maintenance.
3 What is the meaning of property in the Act As per Section 2(f) of the Act property means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property.
4 What is the meaning of Maintenance Maintenance includes provision for food, clothing, residents and medical attendance for normal treatment.
5 What is the meaning of welfare in the Act Welfare includes provision for food, clothing, residence and medical attendance and treatment.
6 How to file application for maintenance Parent or grand parent are entitled to file application for maintenance against one or more of his children. A childless senior citizen is entitled to file application for maintenance against any relative.
7 Can expenses be claimed Under this Act senior citizen or parent is entitled to claim expenses for the proceedings also.
8 What is the extend of liability of children or relative to maintain senior citizens Maintenance to lead a normal life must be provided. In case of more than one relative proportionate amount of maintenance is payable
9 What is the liability of children for maintenance of parent Children are liable to give maintenance to father or mother to lead a normal life.
10 Where to file the Application for grant of maintenance to Senior Citizens As per Section 7 of the Act application should be filed with the Tribunal

 

 

SNo Legal Term/Question Answer
11 Whether tribunal has the power of court Yes, Tribunal shall have all powers of a Civil Court for the purpose of taking evidence on oath. Tribunal also has the power to secure presence of witnesses and compelling discovery and production of documents and material objects.
12 What is the Jurisdiction to file application Application for maintenance can be filed against any children or relative in any district:

- Where the applicant resides or last resided or

- Where children or relative resides

13 Who can file application Application may be filed by: Senior Citizen or Parent

or any other person or organization authorised by the applicant

14 Can the Tribunal suo motu take cognizance Yes, the Tribunal can Suo Motu take cognizance of the matter regarding grant of maintenance
15 Whether notice issues to the children Yes, as and when the application is filed, its notice is to be issued to the children or relative against whom application has been filed.
16 How Reference are made Before hearing the application, Tribunal may refer the same to the conciliation officer.
17 How to dispose of the application Parties will be heard, tribunal will hold and enquiry.
18 Is legal representation allowed No party to the proceedings under this act shall be represented by a legal person. Parties may send authorised persons.
19 What is the maximum period for disposal 90 days from the date of notice served upon the parties. This may extend once for a maximum period of 30 days
20 Is Interim maintenance allowed Tribunal is empowered to direct for interim maintenance

 

SNo Legal Term/Question Answer
21 How order of maintenance is issued When the tribunal is satisfied that the applicant is unable to maintain himself and the children or relative neglect to maintain, the Tribunal may pass order for maintenance.
22 What is the maximum amount of maintenance As per Section 9 of the Act maximum maintenance amount is Rs. 10000/- per month. But the state government may prescribe amount in this regard.
23 Can interest be claimed on pending amount As per Section 14 of the Act interest  not less than 5% or not more than 18% can be claimed.
24 If the respondent dies after passing the order what happens As per subsection 6 of Section 5 death of one respondent does not affect the liability of others
25 When maintenance starts As per Section 5(7) it starts from the date of order or the date prescribed by Tribunal
26 What if the amount is not paid The defaulter may be sentenced for one month or till the amount is paid
27 What is the due date to pay maintenance Within 30 days of the date of announcing order
28 Is alteration or cancellation of maintenance order allowed Alteration may make on proof of:

- Misrepresentation of fact

- Mistake of facts

- Change in circumstance of person receiving monthly allowance

- Having reward to any decision of competent civil court as per Section 10

29 How to enforce order of maintenance As per section 11 the order can be enforced through the tribunal which passed the order
30 What is the time limit for filing appeal Appeal can be filed with appellate tribunal within 60 days. In specific circumstances the appellate tribunal may entertain appeal even after this period of 60 days.
31 Is legal practitioner allowed in hearing of appeal No legal practitioner is allowed in hearing of appeal
32 Is paying maintenance is mandatory when appeal is filed Yes, it is mandatory when no stay is granted
33 Is civil court has Jurisdiction to deal with the matter No Civil court have jurisdiction with respect to any matter to which provision of this Act applies.
34 What are the offences and punishment As per Section 24 of the Act if a senior citizen is abandoned the responsible person is liable to be sentenced to imprisonment for a period which may extended to 3 months or fine of Rs. 5000 or with both.
35 Is the offence is bailable Yes Refer, Section 24 to 26
36 When transfer of property is void When senior citizen or parents transfer their property to children or relative with the hope or on assurance that children or relative shall take care of the senior citizen or parents, but their care is not taken at all.
37 What is the procedure to declare transfer of property to be void Application should be filed under Section 23 of the Act.

 

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