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Section 14: Award of interest where any claim is allowed

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007
Section 13 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 15

Legal Commentary & Landmark Judgments: Section 14

Section 14 empowers the Maintenance Tribunal to award simple interest on maintenance arrears at a rate between five percent and eighteen percent per annum.

  • Statutory Interest Mandate: Where any claim is allowed under this Act, the Tribunal may direct that simple interest be paid in addition to the maintenance allowance.
  • Interest Rate Band (5% to 18%): Statutorily dictates that simple interest shall not be less than five percent and not more than eighteen percent per annum.
  • Accrual from Application Date: Interest may be awarded from the date of the application or the date of the order as the Tribunal deems fit, penalizing deliberate litigation delay by children.
Key Landmark Precedents:
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: The High Court held that awarding statutory interest under Section 14 is an effective deterrent against children who artificially prolong maintenance hearings.
  • Rajnesh v. Neha (2020) 10 SCC 734: The Supreme Court affirmed that awarding interest on delayed maintenance payments compensates the dependent parent for inflation and deprivation.
Courtroom Practice & Strategic Litigation Guidance:

Always include a specific prayer for interest in the original maintenance application: pray for simple interest at the maximum statutory rate of 18% per annum under Section 14 from the date of application until actual realization.

Section 13 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 15