Can I get maintenance from my son under Indian law?

What the Law Says

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is the primary law enabling parents and senior citizens in India to claim maintenance from their children. It applies to all Indian citizens aged 60 years or above, or parents of any age who are unable to maintain themselves.

Under this law, a parent (including a father or mother) can file an application before a Maintenance Tribunal for monthly maintenance from their son, daughter, or legal heir. The Tribunal may order maintenance if it finds the parent is unable to maintain themselves and the child has sufficient means but refuses or neglects to provide support.

The Act defines 'maintenance' to include provision for food, clothing, residence, medical attendance and treatment. The maximum amount that can be awarded is ₹10,000 per month — though Tribunals may award less based on the child’s income and the parent’s needs.

The Tribunal must dispose of the application within 90 days of filing, and its order must be passed within 30 days of the final hearing. Appeals lie before the Appellate Tribunal within 60 days.

Statutory Text

A senior citizen or a parent who is unable to maintain himself from his own earnings or out of property owned by him shall be entitled to make an application for maintenance against one or more of his children...

— Maintenance and Welfare of Parents and Senior Citizens Act, 2007, s. 4 — Entitlement to maintenance

Statutory Text

The Tribunal may, after such inquiry as it deems fit, order such children... to pay a monthly allowance not exceeding ten thousand rupees...

— Maintenance and Welfare of Parents and Senior Citizens Act, 2007, s. 18 — Amount of maintenance

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