Article 21 of the Indian Constitution guarantees the Right to Life. And with the Right to Life, the Right to live life with dignity is also guaranteed with it. And, the right to live with dignity requires basic amenities of life such as food, clothing, shelter, and other necessary requirements. Furthermore, in various judgments, courts across the country have reiterated that it is the moral duty of a man to provide for his Wife, Parents, and Children.

Under the Indian legal system, benefits to parents in the form of maintenance have been provided under various Acts. The objectives of providing such provisions by the legislature is to enable parents to live a decent life with dignity and to prevent vagrancy and destitution.

But the question arises that What is maintenance?

Maintenance, as defined under Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 states that “maintenance includes provision for food, clothing, residence and medical attendance and treatment.”

The next question that arises is “What is the responsibility of son towards parents?”

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it is the duty of the son to maintain his parents. Parents, under the Act, involve both biological and adoptive parents.

The main question is that What are the aims and objectives of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007?

This Act seeks to provide maintenance to parents and senior citizens, along with providing a remedy to them in case children refuse to provide maintenance to their parents. When the parents are unable to maintain themselves, and their children refuses to maintain them, this Act provides safeguard to those parents.

Under this Act, the parents, grandparents, and senior citizens can claim maintenance. Parents include both the biological mother and father alongwith adoptive parents and step-father or step-mother.

As held by the Supreme Court in the case of Kirtikant D. Vadodaria v. State of Gujarat, a childless stepmother can claim maintenance from her step-son, provided, however, that she is the widow or if her husband is living, is incapable of maintaining her.

Further, an adult child is liable to pay maintenance and in case parents don’t have any children, they can claim maintenance from their adult relatives.

This Act empowers the State to set up maintenance tribunals and appellate tribunals for the purpose of deciding the matters of maintenance relating to the elderly people.

Under Section 4 of the Act, an elderly person can file an application stating the details of the person from whom the maintenance is being claimed.

Supreme Court in the case of M. Venugopal v. DM, Kanyakumari clarified the position regarding the Act and specified that a parent or senior citizen can only claim maintenance in case when the children are able to maintain themselves from their income or out of the property, if any, owned by them.

What is the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2018?

• Legislature brought in this amendment to increase the scope and ambit of the maintenance of the elderly by providing for the following provisions:
• Elderly can now claim maintenance from distant relatives as well, in case they do not have any close relatives alive;
• The amount of fine and imprisonment have been increased: in case children abandon their parents;
• This bill has removed the financial cap of Rs. 10,000/-, for maintenance to be claimed by the parents;
• Definition of “children” have been expanded and daughter-in-law and son-in-law have been included under the ambit of it.

Criminal Procedure Code

The most appreciated and most widely used form of maintenance is being provided under Section 125 CrPC. According to this Section “If any person having sufficient means neglects or refuses to maintain 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”.

Under this Section, both mother and father, whether biological or adoptive, can claim maintenance from their children.

Now the question that arises is Whether daughters are liable to maintain their parents or not?

Supreme Court in the case of Vijaya Manohar Arbat v. Kashirao Rajaram Sawai clarified that even daughters are liable to maintain their parents. Thus, daughter, whether married or unmarried, have to maintain her parents.

When Parents can claim Maintenance?

Under CrPC, parents can claim maintenance under the following conditions:

• When the parents are unable to maintain themselves;
• And, when the children have sufficient means to maintain their parents, however, refuse to do so.

Bombay High Court in the case of Baban Alias Madhav Dagadu Dange v. Parvatibai Dagadu Dange clarified the position relating to adoptive-mother can held that under the General Clauses Act, adoptive-mother have to be included in the expression “father” and therefore, adoptive mother can also claim maintenance from her children.

Hindu Adoption and Maintenance Act, 1956

This Act was the very first Act to recognize the obligation of children to maintain their parents. This Act does not confine the duty to maintain only on son, rather imposes duty on daughters to maintain their parents as well.

Under Section 20 of the Act, it is the obligation of children to maintain their aged infirm parents. Under the Act, the liability to maintain parents is personal and not dependent on possession of the property.

The final question is How can parents claim maintenance from their children?

• First of all, an application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have to be filed before the tribunal constituted by the Government, for resolving the maintenance disputes, such application must provide details of the person from whom the maintenance is being sought.
• Maintenance proceedings can be initiated at the place where the elderly lives.
• If such person is unable to make the application, any person representing on his behalf can make the application.
• The tribunal will then issue notice to the person from whom maintenance is being claimed and will conduct hearings and pass an order to that effect.
• In case there is a failure in making the payment of maintenance as ordered by the tribunal without sufficient reason for three months after its due date, the senior citizen or parents, as the case may be, can approach the tribunal again.

CONCLUSION

Parents are always considered as next to God and the first love of their children. However, in situations where they are not able to live a decent life with minimal resources, it becomes the duty of their children to maintain them. However, with the recent cases of parents being put to maintain themselves, legislature deemed it fit to frame laws in this regard.

Moreover, various courts across the country have come forward in support of the elderly parents who are not able to maintain themselves and have directed their children and in some cases, even their relatives to maintain the elderly.