This post is also available in: हिन्दी (Hindi)
You can file an application in a Maintenance Tribunal under the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007. You can file an application in the maintenance tribunal in the area where:
- You live currently or
- Have lived in the past or
- Where your children or relatives live.
Once you file an application to the tribunal under the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007, you cannot file an application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (which also gives you the right). Please remember that there is no cap on the amount of monthly maintenance you can seek under the Code. However, it could be a lengthy process.
After you have filed an application (the format will vary from state to state), the court will first notify your children and tell them that you have filed such an application. Then, the court can decide to refer the case to a Conciliation Officer who will then try to get the parties to agree to a friendly settlement. If the court does not refer the case, it will listen to both the parties (the parents and the children or relatives).
The court will conduct an inquiry to figure out how much maintenance you need to be paid. An inquiry is not a full-fledged legal proceeding. Even though the law does not allow for representation by lawyers in these courts, there are high court judgments which have held that this right of lawyers cannot be restricted. This court is slightly informal in nature but it has the powers of a civil court and can order attendance of witnesses, take evidence on oath, etc.
If the court finds that the children or relatives are neglecting to take care of the parents, they can pass an order directing them to pay a monthly maintenance. The court can also order that interest (between 5% and 8%) be paid on the maintenance amount from the date of the application. If your children or parents are not paying the maintenance even after the court order, you can go to any similar court (maintenance tribunal) and ask for help in enforcing the order.0