By Legum Pacific Editorial ·
Suppose an elderly parent lives alone after retirement. Their savings are small and they cannot meet daily needs or medical bills. A law called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, deals with such situations.
What does the law say?
The Act is meant to provide for maintenance and welfare of parents and senior citizens. A “senior citizen” is any Indian who has attained the age of sixty years or above (section 2(h)). “Parent” means father or mother, biological, adoptive or step parent (section 2(d)).
The Act defines “maintenance” to include provision for food, clothing, residence and medical attendance and treatment (section 2(b)). It defines “welfare” to include provision for food, health care, recreation centres and other amenities necessary for senior citizens (section 2(k)).
The Act extends to the whole of India except the State of Jammu and Kashmir and also applies to citizens of India outside India (section 1(2)). The date when the Act comes into force in a State is fixed by the State Government (section 1(3)). The Act has overriding effect over other enactments on the same subject (section 3).
Who can apply and against whom?
A senior citizen or a parent who cannot maintain himself or herself from their own earnings or property can make an application for maintenance under the Act (section 4(1)). A childless senior citizen can apply against a relative who would inherit his property (sections 2(g) and 4(1)(ii)).
An application can be made by:
- the senior citizen or parent; or
- any other person or organisation authorised by the senior citizen (the Act recognises voluntary associations registered under the Societies Registration Act or similar laws); or
- the Tribunal may take cognisance suo motu (on its own) (section 5(1) and the Explanation to section 5).
The obligation of children or relatives to maintain a senior citizen extends to the needs of that person so they may lead a normal life (sections 4(2) and 4(3)). “Children” includes son, daughter, grandson and grand-daughter but not a minor (section 2(a)).
How does the Tribunal work and how long does it take?
Each Sub-division has one or more Maintenance Tribunals constituted by the State Government (section 7). A Tribunal is presided over by an officer not below the rank of Sub-Divisional Officer (section 7(2)).
Proceedings may be taken where the respondent resides or last resided, or where the applicant resides (section 6(1)). On receiving an application, the Tribunal issues process for the presence of the person against whom the application is filed (section 6(2)). The Tribunal has the powers of a Judicial Magistrate of first class to secure attendance (section 6(3)).
The Tribunal follows a summary procedure and has the powers of a Civil Court for taking evidence on oath, enforcing attendance of witnesses and compelling production of documents (section 8). All evidence is taken in the presence of the person against whom an order for maintenance is proposed, unless the Tribunal finds that person is wilfully avoiding service or attendance and proceeds ex parte (section 6(4)).
For an application for monthly allowance and expenses, the Tribunal shall dispose of it within ninety days from service of notice, but may once extend by a maximum of thirty days in exceptional circumstances with reasons recorded (section 5(4)). The Tribunal may refer the matter to a Conciliation Officer before hearing (section 6(6)).
What orders, enforcement and penalties are there?
If the Tribunal is satisfied that children or relatives have neglected or refused to maintain a senior citizen, it may order a monthly allowance at a rate it deems fit (section 9(1)). The State Government prescribes the maximum maintenance allowance which shall not exceed ten thousand rupees per month (section 9(2)).
The Tribunal can order interim monthly allowance during proceedings (section 5(2)). It may alter an allowance on proof of misrepresentation, mistake of fact or change in circumstances (section 10).
A copy of the maintenance order is given free to the senior citizen or parent and may be enforced by any Tribunal where the person subject to the order is found (section 11(1)). A maintenance order has the same force and effect as an order under Chapter IX of the Code of Criminal Procedure and is executed in the manner prescribed for such orders (section 11(2)).
The person ordered to pay must deposit the amount within thirty days as directed by the Tribunal (section 13). The Tribunal may also direct simple interest in addition to maintenance at a rate not less than five per cent and not more than eighteen per cent from a date not earlier than the date of the application (section 14).
If the person ordered to pay fails without sufficient cause, the Tribunal may issue a warrant to levy the amount and may sentence the person for non-payment to imprisonment which may extend to one month or until payment, whichever is earlier. No warrant for recovery shall be issued unless an application is made to the Tribunal within three months of the date on which the amount became due (section 5(8)).
An Appellate Tribunal for each district may be constituted to hear appeals. Appeals to the Appellate Tribunal must be filed within sixty days of the Tribunal’s order, though the Appellate Tribunal may entertain a late appeal for sufficient cause (sections 15 and 16). The Act bars legal practitioners from representing parties before the Tribunals (section 17).
What other welfare and protection measures does the Act provide?
The State Government may establish old-age homes, beginning with at least one in each district to accommodate a minimum of 150 indigent senior citizens (section 19). The State must ensure government hospitals provide beds for senior citizens, separate queues, expanded facilities for chronic and geriatric care and earmarked district facilities for geriatric patients (section 20).
The State Government must take measures for publicity, sensitisation of officers and coordination among departments for senior citizen welfare (section 21). A transfer of property made on condition that the transferee will provide basic amenities can be declared void by the Tribunal if the transferee refuses or fails to provide those amenities (section 23).
Leaving a senior citizen with the intention of wholly abandoning them is an offence punishable with imprisonment up to three months or a fine up to five thousand rupees or both (section 24). Offences under the Act are cognizable and bailable and tried summarily (section 25).
Key points
- A “senior citizen” is any Indian aged sixty years or above (s.2(h)).
- A senior citizen or parent unable to maintain themselves can apply to the Tribunal; organisations can act on their behalf and the Tribunal can act suo motu (s.5(1)).
- Tribunals use a summary procedure, have powers of civil courts for evidence, and must seek to dispose of monthly allowance applications within 90 days (s.8; s.5(4)).
- Tribunals can order monthly maintenance (subject to a State-prescribed maximum not exceeding Rs.10,000), interim allowance, interest, deposit within 30 days and enforcement including warrant and limited imprisonment for non-payment (s.9(2); s.5(2),(8); s.13; s.14).
- The Act provides for old-age homes, medical support measures, publicity and protection against wrongful property transfers and abandonment (s.19–24).
Laws referred to
- The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act No. 56 of 2007) — sections 1–3, 2(a),(b),(d),(g),(h),(k), 4–6, 7–11, 13–18, 19–25, 27–32
Official sources
This guide explains what the law itself says. Court rulings interpreting these provisions can also affect how they apply in a particular case. It states the position under the official texts listed above, as at 21 October 2026.