There are at least two laws which give protection to such elderly parents.
Firstly, under Section 125 of the Criminal Procedure Code, a father or mother unable to maintain himself or herself, can seek monthly allowance of maintenance from his child who has sufficient means and refuses or neglects to maintain such parent. Such maintenance order can be passed by the Magistrate.
Secondly, there is an Act called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The provisions of this Act also enable a parent or a grand parent ("who is unable to maintain himself from his own earning or out of the property owned by him") to seek maintenance from one or more of his children. In fact, in certain situations, such maintenance can also be sought by such senior citizen from some other relative (having sufficient means, provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen). Some protection is available to senior citizens too, under this Act.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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