Legal Rights

Legal rights of Senior Citizens as regards maintenance as provided by the Code of Criminal Procedure.

Your right to maintenance is as follows under Section 125 of the Code of Criminal Procedure which reads as follows:-

  1. If any person having sufficient means neglects or refuses to care for –

    • his wife, unable to maintain herself, or
    • his legitimate or illegitimate minor child, unable to maintain himself/herself, or
    • his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain himself/herself, or
    • his father or mother, unable to maintain himself or herself,

    a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.

    Provided the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

    Explanation – for the purpose of this chapter.

    • “minor” means a person who, under the provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority.
    • “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
  2. Such allowance shall be payable from the date of the order, or if ordered from the date of the application for maintenance.

  3. If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.

    Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due.

    Provided further that if such person offers to maintain his wife on condition of her living with him, such Magistrate may consider any grounds of refusal stated by her, and may make any order under this section notwithstanding such offer,, if he is satisfied that there is just ground for doing so.

    Explanation – If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just grounds for his wife’s refusal to live with him.

  4. No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason refuses to live with her husband, or if they are living separately by mutual consent.
  5. On proof that any wife in whose favor an order has been made under this section is living in adultery, or without sufficient reason refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

As parents, you are entitled to seek maintenance from your children (whether son or daughter) if you cannot maintain yourself.

The following judgments of the Hon’ble Supreme Court are for your benefit.
1987(2) SCC278 Vijay Manohar Arbat vs. Kashirao Rajaram Sawai

- Maintainance can be claimed from son or daughter

1996(4) SCC 479 Kirtikant D. Vadodaria vs. State of Gujrat & another
– Step mother can also claim maintenance

1999 (7) SCC 675 Dwarika Prasad Satpathy vs. Bidyut Prava Dixit another
– Section 125 is a summary remedy for indigent wives, children & parents.

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT has been passed and is currently in force. It entitles senior citizens to claim maintenance from their children or relatives to ensure that the senior citizen can lead a “normal” life. The term maintenance has been defined as provisions for food, clothing, residence and medical attendance and treatment. The Act also provided that children are liable to maintain their parents whether or not such parents are senior citizens.

An application for maintenance is to be made to a Tribunal. HOWEVER AS RULES UNDER THE ACT HAVE NOT BEEN FRAMED TRIBUNALS HAVE NOT YET BEEN CONSTITUTED. IT IS THEREFORE NOT POSSIBLE ON DATE TO FILE ANY APPLICATION FOR CLAIMING MAINTAINENCE UNDER THIS ACT TO A TRIBUNAL AND ALL CLAIMS FOR MAINTAINANCE ARE TO BE FILED UNDER SECTION 125 OF THE CRIMINAL PROCEDURE CODE.