Should Senior Citizens Opt for Maintenance Under Section 1125 of CrPC or Senior Citizens Act, 2007?

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Maintenance includes provision for food, clothing, residence, and medical attendance and treatment as mentioned under section 2 (b) of maintenance and welfare of parents and senior citizens act, 2007 which is also known as senior citizen act,2007. If parents, grandparents, senior citizens are not getting any kind of maintenance then they can claim maintenance under only one act. They can either claim under section 125 of CrPC for senior citizen act, 2007. It is more beneficial for senior citizens to apply for maintenance under senior citizen act, 2007 rather than section 125 of Crpc as there is no provision for senior citizens in Crpc who are not having their own child but senior citizen act, 2007 provides monthly allowances to senior citizens from their children or legal heirs.

 

The other benefit is that under this act maintenance Tribunal is having the power to decide the case while under section 125 of CrPC only the registered will decide the case. The procedure of case hearing is not time-taking as there is a provision under senior citizens act 2007 that the problem should be resolved within the specified time of 90 days while under section 125 of CrPC, there is no such provision. If they filed an application for maintenance under section 125 of CrPC but they want to claim benefit under senior citizen act,2007 then they are required to withdraw their application which they made under section 125 of CrPC and then file an application before the maintenance Tribunal under senior citizens act,2007.

 

 

 

 

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