08 May, 2011

Special Legal Tip on the occasion of Mother’s Day ::8th of May 2011

When ravinder’s parents registered their house in ravinder’s name. He left his parents after registration of the property in his name. His old parents were helpless. They had no source of income to live. At that movement law had come to rescue their life.
To ensure proper maintenance of parents and senior citizens, the Government of India created a new Act titled: The Maintenance and Welfare of Parents and Senior Citizens Act of 2007. Under this Act, children and property hirers must take care of the maintenance of their parents/senior citizens. The purpose of enacting this Act was to fulfill the gaps in the Section 125 of Code of Criminal Procedure, 1973.
Under the Section 125 of Code of Criminal Procedure,1973
• Proceedings are not time bound.
• It is limited to provision for maintenance of parents and is also silent on welfare measures.
• It has provisions for maintenance of parents only and not of Senior Citizens. This implies that childless people may not get refuge in Code of Criminal Procedure even if they have heirs to their property.
• This Act caters only to distressed parents.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
It has been enacted to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution.
• Section 5(4) of this Act specifically states that the issue has to be concluded by the Tribunal in not more than 90 days staring from the date of the service of notice of the application.
• It has provisions for maintenance and look after the welfare of parents and senior citizens. It is a comprehensive Act and has a broader scope and is not limited to the sphere of parent-child relationship. The Act holds the State responsible for the implementation of welfare measures for senior citizens.
• Section 4(1) of this Act specifies that senior citizens have the right to ask for maintenance expenses from legal heirs of their property.
• Section 5(1) of this Act stipulates that any parent or senior citizen can file for maintenance. The Tribunal may also initiate the case suo motu.
Section 125 of the Code of Criminal Procedure provides that lawyers/advocates can act on behalf of their clients. However, Section 17 of Maintenance and Welfare of Parents and Senior Citizens Act specifically states that a legal practitioner cannot act on behalf of a party to a proceeding in the Tribunal.

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Legal Point Foundation
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