Application for maintenance
Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 deals with application for maintenance. An application for maintenance under section 4, may be made-- (a) by a senior citizen or a parent, as the case may be; The Act was enacted on 29 Dec 2007.
(1) An application for maintenance under section 4, may be made--
(a) by a senior citizen or a parent, as the case may be; or
(b) if he is incapable, by any other person or organisation authorised by him; or
(c) the Tribunal may take cognizance suo motu.
Explanation.--For the purposes of this section "organisation" means any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being in force.
(2) The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
(3) On receipt of an application for maintenance under subsection (1), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance.
(4) An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person:
Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.
(5) An application for maintenance under sub-section (1) may be filled against one or more persons:
Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance.
(6) Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance.
(7) Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.
(8) If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of each month's allowance for the maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made whichever is earlier:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within a period of three months from the date on which it became due.
Section 5, The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mrs. Priti Dhoundial v. Tribunal (Maintenance & Welfare of Parents & Senior Citizens Act)
Court's Decision & Legal Precedent
Final Order order-1.pdf 2009-11-26 DATE VERIFIED (get_order_markdown). Delhi HC (Shiv Narayan Dhingra J.) — Lotika Sarkar gift-deed matter: Tribunal under Senior Citizens Act may take cognizance under s.5 only via senior citizen/parent, authorised person/organisation, or true suo motu after inquiry; NGO complaint without authorisation and without hearing the senior citizen cannot found cancellation jurisdiction. Quashes Tribunal order. Map s.5 only (s.23 already filled by Vanitha — do not pad 23).
On this section: Senior Citizens Act s.5 application for maintenance: Tribunal cognizance requires senior citizen/parent, authorised person/organisation, or proper suo motu inquiry — unauthorised NGO complaint without hearing the senior citizen is without jurisdiction (Priti Dhoundial).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 5 instruments name this provision in its title or its text without being made under it.
- Notification S.O. 1436(E)Notification 2011
- Notification S.O. 1436(E)Notification 2011
- The Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010Rule 2010
- Maintenance and Welfare of Parents and Senior Citizens Rules 2009Rule 2009
- The Maintenance and Welfare of parents and senior citizen actRule 2007
Questions about Section 5
What have the courts held on Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act?
Mrs. Priti Dhoundial v. Tribunal (Maintenance & Welfare of Parents & Senior Citizens Act) (26 Nov 2009) is the leading judgment on this section among those set out below: Senior Citizens Act s.5 application for maintenance: Tribunal cognizance requires senior citizen/parent, authorised person/organisation, or proper suo motu inquiry — unauthorised NGO complaint without hearing the senior citizen is without jurisdiction (Priti Dhoundial).
How do I find court cases under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Senior Citizens Act 5, section 5 Senior Citizens Act, section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mrs. Priti Dhoundial v. Tribunal (Maintenance & Welfare of Parents & Senior Citizens Act) (26 Nov 2009).
What should I read with Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, and has it changed?
Its own text turns on section 4 (Maintenance of parents and senior citizens), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Madhya Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules 2009 (2009).
When was Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act enacted?
Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, cited as Senior Citizens Act 5, was enacted on 29 Dec 2007 as Act 56 of 2007. It is in force as at the date shown on this page.
Other sections of this Act
- 6. Jurisdiction and procedure318 words
- 16. Appeals273 words
- 32. Power of State Government to make rules234 words
- 2. Definitions231 words
- 4. Maintenance of parents and senior citizens218 words
- 23. Transfer of property to be void in certain circumstances186 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.