Cuttack: The Orissa High Court has held that being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless he/she is unable to maintain himself/herself from own earnings or out of owned property.
While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a bench of Justice Shashikanta Mishra held that if senior citizens are unable to support themselves and if their children neglect them, then an order for maintenance can be issued.
The matter pertains to a 68-year-old man who had accused his son of failing to take care of him. He filed a case against his son after which the Maintenance Tribunal ordered the latter to hand over the keys to the house where they resided and pay Rs 5,000 maintenance. His son appealed the collector-cum-appellate authority which upheld the order which was issued by the Tribunal on February 16 last year. After this, the petitioner approached the high court which examined section 4 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which states that a senior citizen can seek maintenance only when he/she is unable to support himself/herself financially. It observed neither the Tribunal nor the appellate authority assessed whether the complainant lacked financial resources.
Further the court observed that under section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, maintenance can be granted to senior citizens if there is evidence of neglect or refusal by their children. The high court remitted the case back to the Maintenance Tribunal for a fresh hearing. It directed the Tribunal to comply with the rules before passing an order.
