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Hindu senior citizens have the option of claiming maintenance either under the Maintenance and Welfare Of Parents And Senior Citizens Act, 2007 or the Hindu Adoptions and Maintenance Act, 1956, but not under both.

Maintenance under the Bhartiya Nagrik Suraksha Samhita, 2023 (BNSS)

Last updated on Jul 31, 2026

Under Section 144 of BNSS (previously Section 125 of the Code of Criminal Procedure), if any person with sufficient resources refuses to maintain or ignores parents who are unable to maintain themselves, then a Magistrate of the First Class can order them to give a monthly allowance for maintenance. This is different from an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which is decided by a Maintenance Tribunal.

Under the BNSS, the court should, as far as possible, decide an application for interim maintenance within 60 days from the date the notice is served on the other party. 

You can consult a lawyer about the process to file a complaint and obtain such an order.

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Krishna majhi

November 29, 2025

Is There a law for Maintenance of children by parent

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