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Senior Citizens Act, 2007- Maximum limit of Rs.10,000/- maintenance under Section 9(2) is applicable to each senior citizen and not qua all the senior citizens in the family and each child or relative.

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By the order dated 12.10.2022, the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the Senior Citizens Act) directed two sons and one daughter to pay maintenance of Rs.10,000/- p.m. each and Rs.6,000/-, respectively to the parents.

Respondent Nos.3 and 4 are the father and mother of two sons and daughter (petitioners in the writ petitions).   Several allegations were made by the parents against their children including that they had abused them and asked them to vacate the house.

According to the petitioners, the father had sold properties of their grand father and pocketed the sale proceeds.  The daughter alleged that she is helping the family to repay several loans availed by father and another brother Sanjeev.

HELD considering the income of the son and the daughter, they are able to pay maintenance to the parents.  Therefore, the maximum cap of Rs.10,000/- under sub-section (2) of Section 9 would apply to each of the senior citizen and not qua all the senior citizens in the family.   Similarly, the same cannot apply to each child or relative.   This is because the order under Section 9 for maintenance is to be made for “a senior citizen”.   A senior citizen may have single or multiple children or relatives.   The intention of the Act is not to create disparity amongst the senior citizens but to create uniformity amongst them by ensuring that each senior citizen can citizen maximum maintenance not exceeding Rs.10,000/-.   The Maintenance Tribunal can order children or relatives to pay maximum maintenance of Rs.10,000/- qua each senior citizen.  Therefore, it was held that the parents are entitled to Rs.20,000/- instead of Rs.26,000/-.   Accordingly, the order was upheld but the maintenance was modified.

  1. No.980 of 2023 of Ms. Nisha Nitin Koppikar Vs. The State of Maharashtra and others with connected matter.

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