The Orissa High Court has ruled that a senior citizen cannot automatically claim maintenance from his children. He must first show that he is unable to maintain himself from his own earnings or property.
The case involved a 69-year-old father who filed an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking ₹5,000 monthly maintenance from his son. The Maintenance Tribunal, Rayagada, ordered the son to hand over the house gate key and pay the monthly allowance. The order was later upheld by the Collector-cum-Appellate Authority.
Son’s Appeal
Challenging the decision, the son argued before the High Court that:
- Neither the Tribunal nor the Appellate Authority examined whether the father was truly unable to maintain himself.
- Under Section 9 of the 2007 Act, maintenance can only be granted if a child neglects or refuses to maintain the parent, but no such finding was made.
- The authorities also failed to follow Rule 14 of the Odisha Maintenance of Parents and Senior Citizens Rules, 2009, which prescribes the formula for calculating maximum maintenance.
Father’s Stand
The father’s counsel contended that he had no source of income, was 69 years old, and had been ousted from his home by his son. Thus, the Tribunal’s order was justified.
Court’s Findings
The High Court observed that both the Tribunal and the Appellate Authority failed to record essential findings before directing maintenance. It stressed that:
- The Tribunal must be satisfied about neglect or refusal before granting maintenance under Section 9.
- Rule 14 of the 2009 Rules must be followed while calculating the amount of maintenance.
Since these requirements were ignored, the Court set aside the orders and remitted the matter back to the Tribunal for fresh consideration in accordance with law.
Case Title: Ravi Kumar Kukreja v. Collector-cum-Appellate Authority, Rayagada & Ors.
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