Senior citizen maintenance (s.5 of the 2007 Act)

A parent or senior citizen asking the Maintenance Tribunal (SDM) for support from children.

Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

BEFORE THE Maintenance Tribunal (Sub-Divisional Magistrate), Amarnagar

Balwant Kaur widow of late Shri Jagir Singh, aged about 67 years, resident of Village Kalyanpur, Tehsil and District Amarnagar, Punjab

…Applicant (senior citizen)

Versus

Harjit Singh son of Shri Jagir Singh, aged about 45 years, resident of Model Town, Amarnagar, Punjab

…Respondent

APPLICATION UNDER SECTION 5 OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

Respectfully Showeth:

1.That the applicant, 67 years old, is a senior citizen and the parent of respondent No. 1.

2.That the applicant is unable to maintain herself from her own earnings or property, and since her husband's death the respondent has taken her pension card and left her alone in the village house.

3.That the respondent has sufficient means: he runs a dairy and owns 10 acres of land, but has refused or neglected to maintain the applicant.

4.That the applicant resides within the jurisdiction of this Tribunal.

PRAYER:

It is, therefore, respectfully prayed that the respondent(s) may kindly be directed to pay ₹10,000 (Rupees Ten Thousand only) a month to the applicant as maintenance, and interim maintenance may be granted meanwhile.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Proof of your age: Aadhaar, voter card or pension papers
Proof that the respondent is your child or relative (family register, ration card), and of their job, income, land or business
Proof of your needs: medical bills, your own income or pension, and a list of monthly expenses
If you gave property to the child on the promise of care, the gift or transfer deed
Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)

Where to go

Given to the Maintenance Tribunal of the sub-division (usually the SDM) where you live or where the child lives; you can file it yourself or through an organisation, and advocates do not appear before the Tribunal.

Fee

Usually no court fee is charged before the Tribunal, and there is no advocate's fee, as advocates do not appear there; ask the Tribunal's office.

Good to know

The Tribunal should decide within 90 days of notice and can order interim maintenance meanwhile; it fixes the amount within the limit the law allows.
Property given to a child on the condition of care can be declared void if the care stops (s.23); tell the Tribunal.
If you are in danger, call 112; the national helpline for senior citizens is 14567.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.