Senior Citizens Must Prove Financial Inability for Maintenance: Orissa HC
The Orissa High Court recently ruled that a senior citizen must prove they are financially unable to support themselves before claiming maintenance from their children. The ruling came after a son challenged a Maintenance Tribunal’s order directing him to pay ₹5,000 per month to his father.
Case Background
A 69-year-old father filed a case against his son under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the 2007 Act). He claimed that his son had forced him out of the house and refused to support him. The Maintenance Tribunal directed the son to hand over the house keys and pay ₹5,000 as monthly maintenance.
The son appealed before the Collector-cum-Appellate Authority, arguing that the Tribunal had not checked if his father was financially unable to support himself. However, the appeal was dismissed, confirming the Tribunal’s order.
High Court’s Observations
The son then filed a writ petition before the Orissa High Court, arguing that:
- The Tribunal and Appellate Authority did not check whether the father was financially dependent.
- Section 9 of the 2007 Act requires proof that a child neglected or refused to maintain their parent before ordering maintenance.
- Rule 14 of the Odisha Maintenance of Parents and Senior Citizens Rules, 2009, which explains how to calculate maintenance, was not considered.
The father’s lawyer countered that the father had no income and had been thrown out of the house, making the maintenance order fair.
High Court’s Ruling
The Orissa High Court found that the lower authorities failed to confirm if the father lacked financial resources and did not properly apply Rule 14 of the 2009 Rules while deciding the maintenance amount.
The court ruled that a Tribunal must be fully satisfied that a senior citizen is financially dependent before granting maintenance. Since this was not done, the previous orders were set aside, and the case was sent back for a fresh hearing.
Final Decision
The High Court directed the Maintenance Tribunal to reconsider the case and ensure all legal requirements are met before passing a new order.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
