Elderly People Issue

Elderly People Issue

Because of the changing life-style and increasing trend of nuclear family, the emotional, ethical, rational, and legal attachment with the parents are gradually eroding away. Parents are being forced to remain isolated in their own house or live in an old-age house. Some other offspring cross all the limits by evicting their parents from their house without securing any place for them to live. Simply, they leave their parents on the road without bothering about where they will go, what they will eat, etc.

However, to restrain such kind of practice, there are some legal provisions such as:

  • As per the provisions of “the Maintenance and Welfare of Parents and Senior Citizens Act 2007,” any senior citizen or a parent can claim maintenance from their children who are not minor as such. The children include son, daughter, grandson, or grand-daughter.
  • The Act further empowers the parents (who are basically unable to maintain themselves from their own earnings), to demand for their maintenance; same as wife demands from her husband. The definition of maintenance under this act includes provision for food, clothing, residence, medical attendance, and treatment.
  • The legal proceedings under this Act can be taken up against any children or relative in any district where the parent or senior citizen resides or the children reside.
  • After inquiry, if the court finds that the children or relatives have neglected or refused to maintain their parents who are being unable to maintain, may pass an order for monthly allowances for their maintenance.
  • Further, Section 125 of the Cr.P.C., also empowers parents to claim for the maintenance from their children.
  • Section 125 of the Cr.P.C.also provides for the maintenance of the parents if any person, having sufficient means, neglects or refuses to maintain his father or mother, unable to maintain himself or herself.

Though, there are legal rights of parents to demand for the maintenance from their children and if the children do not do so, they can file a case by writing to the court of Magistrate, but as the court procedure is lengthy and time taking – it becomes another painful act for the forlorn parents.

So, being a parent, if you believe that your right is violated by your child or children, Call Us or Write Us.

FAQ. Elderly People Issue