(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of—
(i) parent or grand-parent, against one or more of his children not being a minor;
(ii) a childless senior citizen, against such of his relatives referred to in clause (g) of section 2.
(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.
(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.
(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property from such senior citizen or he would inherit property from such senior citizen:
Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.
Legal Commentary & Landmark Judgments: Section 4
Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 establishes the substantive statutory right of parents and senior citizens to claim maintenance.
The statutory objective is to guarantee a dignified existence free from penury.
Section 4 operates as a powerful social security mandate. It establishes that maintaining parents is a non-negotiable legal obligation, not mere moral charity. Proceedings under Section 4 are swift, non-technical, and can be initiated even if parallel proceedings under Section 125 CrPC or personal laws are pending, ensuring elderly citizens are shielded from protracted civil court delays.