(1) An application for maintenance under section 4—
(a) may be made 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 under sub-section (1), the Tribunal shall issue notice to the children or relative and shall provide time for them to be heard.
(4) An application filed under sub-section (1) 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.
Legal Commentary & Landmark Judgments: Section 5
Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 governs the presentation and procedure of applications for maintenance.
Under sub-section (4), the Tribunal is mandated to refer the matter to a Conciliation Officer before proceeding to a contested hearing.
Section 5 eliminates procedural barriers that frequently obstruct aged litigants. Senior citizens do not require lawyers to file petitions; authorized NGOs can act on their behalf, or the Sub-Divisional Magistrate (heading the Tribunal) can initiate suo motu proceedings. The strict 90-day statutory timeline provides a rapid alternative to ordinary civil court trials.