The Situation Many Parents Face
Imagine this: you spent decades raising your children, sacrificing your own comfort so they could study, grow, and build good lives. Now you are 70, your health is not what it was, your pension barely covers medicines, and the children you gave everything to have stopped calling — let alone sending money. When you ask, there are excuses: "We have our own expenses," "You have a house, sell it," "You never really needed us anyway."
This is not an uncommon story. The breakdown of the joint family system has left millions of elderly Indians financially stranded. Many do not even know that the law gives them a clear, enforceable right to be maintained by their children. They suffer in silence, believing it is a family matter that the courts cannot touch.
They are wrong. Hindu law — both ancient and modern — places the duty of maintaining aged parents squarely on the shoulders of their children. This article explains exactly what that duty is, how you can enforce it, and what you should do if your child has abandoned you financially.
What Does the Law Actually Say?
The obligation is not just moral — it is statutory. Two laws operate in parallel to protect you.
HAMA Section 20: The Hindu Law Route
Section 20 of the Hindu Adoptions and Maintenance Act, 1956 (commonly called HAMA) is the primary law. It provides that every Hindu — whether male or female — is bound during his or her lifetime to maintain aged or infirm parents. The duty is personal and arises purely from the parent-child relationship. The source is the relationship itself, not any property or inheritance.
"The obligation to maintain these relations is personal, legal and absolute in character and arises from the very existence of the relationship between the parties." — Kishan Dutt Verma v. Baby Parul, AIR 2004 Del 366
The obligation under Section 20 extends as long as the parent is unable to maintain himself or herself out of his or her own earnings or other property. Once that threshold is crossed — once you genuinely cannot cover your reasonable needs on your own — the legal duty on your child crystallises.
India's textual Hindu tradition recognised this long before any statute. Manu himself declared: "One must maintain one's aged parents, a virtuous wife and infant child by doing even a hundred bad acts." The 1956 Act simply converted that ancient moral command into enforceable law.
The Senior Citizens Act, 2007: A Faster Route
Parliament passed the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to create a quicker, cheaper remedy alongside HAMA. Section 4 of that Act casts the same obligation on all adult children (and grandchildren) to maintain parents (and grandparents) who cannot support themselves. Crucially, this Act applies regardless of the child's religion — it is not limited to Hindus.
Under the Senior Citizens Act, cases go to a Tribunal (presided over by an officer not below the rank of Sub-Divisional Officer), not a regular civil court. The Tribunal must decide within 90 days. Maintenance cannot exceed Rs. 10,000 per month under this Act. If a child wilfully disobeys the order, the Tribunal can issue a warrant and even sentence the defaulter to imprisonment for up to one month.
Who Qualifies as "Aged or Infirm"?
This is a question parents often worry about: "Am I old enough to claim? What if I am physically healthy but cannot earn?"
The good news is that the law does not set a fixed age. The expression "aged or infirm" in Section 20 of HAMA is closely connected with your ability to earn a livelihood — not your birth certificate. Courts have repeatedly held that there is no absolute test. A parent who has spent their life looking after the household — and never built an independent income — can be considered "unable to maintain themselves" even if they are physically healthy.
Consider the situation analysed in Munni Dei v. Chhoti (S. Chellaiyan v. Sathiakrishna, AIR 1982): a mother had gifted most of her property to her daughter and kept nothing for herself. The court held the daughter liable to maintain the mother because there was simply nothing left for the woman to feed herself. The focus was on actual inability to self-support, not formal age or visible physical infirmity.
In practice, courts look at:
- Whether the parent has any income of their own (pension, rent, earnings)
- Whether the parent has property whose income is sufficient to cover their reasonable needs
- The parent's health, age, and capacity to work
- The standard of living the family maintained before the dispute
If your income and property together cannot cover your reasonable needs, you qualify. You do not need to be destitute or in rags before filing a case.
Does My Daughter Have the Same Duty as My Son?
Yes — absolutely and without exception.
Under old Hindu law, the duty to maintain parents fell only on sons. The Hindu Adoptions and Maintenance Act, 1956 changed this. Both sons and daughters are now equally liable to maintain their aged or infirm parents. Gender is irrelevant. The Supreme Court and High Courts across India have consistently applied this principle.
In N. Sree Ramudu v. N. Lahiri, AIR 2005, the court confirmed that both sexes are treated equally — mother of the children or daughter is as liable as the son to maintain their parents.
This matters practically: if your son lives abroad and claims he cannot pay, you can turn to your daughter. If both have the means, both can be made jointly liable. Similarly, a widowed mother can claim maintenance from her son even if her husband is still alive and she has already asked him for support — the son's liability is independent. (Rafiuddin v. Saleha Khatoon, AIR 2008 (NOC) 776 (Bom))
You can also proceed against one child without having to implead (add) all your other children to the case, though ultimately the court may apportion liability among them.
What If My Child Refuses to Pay or Makes Excuses?
Children facing a maintenance claim from parents raise several common defences. Here is what the law says about each.
"You never took proper care of us"
Irrelevant. Courts have held that parents can claim maintenance even if they never properly raised the child, never fulfilled their own parental obligations, or were absent for years. In Pandurang v. Baburao, (1980) Cr LJ 256, the court said parents unable to maintain themselves may claim from their children irrespective of whether those parents had themselves maintained the child or discharged their parental duties.
"You have a house — sell it"
Owning a house (or other property) does not automatically disqualify you. What matters is whether the income from that property is sufficient to meet your reasonable needs. A parent who owns a house but has no liquid income to pay for medicines, food, or daily expenses is still entitled to maintenance from their children. The house is not the test — your ability to meet your needs is.
"You must live with us to get maintenance"
Completely false. The law does not require a parent to live with their child in order to claim maintenance. In Chathapopanatavida Balan v. Chathapptavida Devi, AIR 2009 (NOC) 1016 (Ker), the court held that a son cannot resist a mother's claim on the ground that her parents refused to live with him. Cohabitation is a condition attached to a wife's claim — not to a parent's. In Jamini Mohon Debnath v. Sukhlal, 1994 (2) DMC 257, the court confirmed that a parent's right to maintenance cannot be hedged by any condition of compulsory residence with the child.
Conversely, while a parent has a right to be financially maintained by an adult child, that right does not extend to forcing the child to let the parent live in their home. In Anandi D. Jadav v. Nirmala Ramchandra Kore, AIR 2003 SC 1386, the Supreme Court clarified: though an old mother has a right to be maintained by her son, it does not mean she is entitled to live along with his family. These are separate questions.
"I have my own expenses — I can't afford it"
The standard is whether the child has sufficient means, not whether they are comfortable. If a child has stable income, property, or a business, the fact that they also have a family or loans does not automatically excuse them. The court will look at their actual financial capacity and fix an appropriate amount. Where there are multiple children, courts have apportioned liability proportionally — in one case, to 1/3rd of the total liability per adult child. (Khaja Mohammed Nooruddin v. Khaja Mohammed Fasiuddin, AIR 2010 (NOC) 438 (Mad))
How Much Maintenance Can I Claim?
There is no fixed formula. Section 23 of HAMA gives the court discretion to decide the quantum, guided by several factors:
- The position and status of the parties — a child who is a senior professional or businessman is expected to maintain their parent at a higher standard than a child who is barely employed.
- Your reasonable wants as the claimant — food, medicine, rent, clothing, and medical treatment all count. Under Section 3(b) of HAMA, "maintenance" expressly includes provision for food, clothing, residence, education, and medical attendance and treatment.
- Your own income and property — whatever you already have will be set off against the claim.
- The number of persons entitled to maintenance — if both parents are claiming from the same set of children, the amount per claimant may be moderated.
Under the Senior Citizens Act, 2007, the Tribunal is currently capped at Rs. 10,000 per month. Under HAMA (civil court), there is no such statutory cap — courts award what is just and reasonable on the facts. Courts have also noted that judicial notice can be taken of rising living costs and inflation so that orders remain realistic.
Maintenance awarded under HAMA can be varied in future if your circumstances change — for example, if your health deteriorates and your medical expenses increase significantly, you can approach the court for enhancement.
One important note: if you claim maintenance under HAMA in a civil court, you cannot simultaneously claim under Section 125 of the Code of Criminal Procedure for the same relief. The two routes exist in parallel but you must choose your forum. For maintenance claims generally — including those by spouses — the choice of forum matters greatly and a lawyer can advise which is best for your situation.
Two Routes to Court: HAMA vs. the Senior Citizens Act
As a parent seeking maintenance, you have two main legal routes:
| Feature | HAMA Section 20 (Civil Court) | Senior Citizens Act 2007 (Tribunal) |
|---|---|---|
| Who can use it | Hindu parents | All parents / senior citizens (any religion) |
| Forum | Family Court / Civil Court | Maintenance Tribunal (SDO level) |
| Speed | Slower (civil court timelines) | 90-day decision target |
| Maintenance cap | No cap — court's discretion | Rs. 10,000/month maximum |
| Interim maintenance | Yes, courts can grant | Yes, Tribunal empowered |
| Default by child | Execution proceedings | Warrant + up to 1 month imprisonment |
| Appeal | Higher civil court | District Magistrate level, within 60 days |
There is also a third route: Section 125 of the Code of Criminal Procedure (CrPC), now replaced by the corresponding provision in the Bharatiya Nagarik Suraksha Sanhita. This lets a parent file before a Magistrate's court — faster than a civil suit, available to parents of all religions, and with a familiar process in criminal courts. Many parents prefer this route for its speed and because a criminal court has strong coercive powers against a defaulting child.
The right choice between these routes depends on your specific situation — how much you need, how quickly you need it, whether your child owns property, and what state you live in. This is where a family law lawyer can make a real difference. If you are also navigating a domestic violence situation alongside the maintenance issue, the legal routes and protections available to you are broader still.
What Should I Actually Do Now?
- Gather your documents. Collect your age proof (Aadhaar, voter card, passport), proof of your income (pension slips, bank statements), and your child's income information if available (any salary slips, ITR, property ownership evidence you have access to).
- Write down your monthly expenses. Make a realistic list — food, medicines, rent, electricity, doctor visits, transport. This becomes the basis of your maintenance claim amount.
- Send a written demand. Before filing in court, send a letter (or WhatsApp message — courts accept these) to your child clearly stating that you are unable to support yourself and asking for a fixed monthly amount. Keep a copy. This shows you tried to resolve it before going to court.
- Decide your route. If you need quick interim relief and the amount is moderate (up to Rs. 10,000/month), the Senior Citizens Act Tribunal is often the fastest path. If you need more, consider the HAMA civil court route. A lawyer can help you choose.
- File an application. Under the Senior Citizens Act, you file before the SDO/Tribunal in your district. Under HAMA, you file a maintenance suit in the Family Court. Under Section 125 CrPC, you file before a Judicial Magistrate.
- Ask for interim maintenance. Courts and Tribunals can grant temporary maintenance while the case is pending. Ask for this from the start — cases can take time, and you need support now, not just after the final order.
- Do not be pressured to withdraw. Family pressure — from children, from extended relatives, from the child's spouse — to "keep it in the family" is common. You have a legal right. An order once passed can be enforced. Do not give it up without getting the maintenance you need.
- Keep records of non-payment. Once an order is passed, if your child does not pay, note the date and amount of every default. These records are needed for enforcement proceedings or contempt applications.
Pinaka Legal's family law team has helped elderly clients navigate both the Tribunal route and civil court proceedings for parental maintenance. If you are unsure which path is right for your situation, a single consultation can save months of wrong turns.
You Raised Them — The Law Stands By You
Being abandoned by your children in old age is one of the most painful experiences a person can face. The law recognises this. It does not ask you to prove you were a perfect parent. It does not require you to live in your child's home as a condition of getting money. It does not say daughters are exempt. It does not say the child's other expenses come first.
The Hindu Adoptions and Maintenance Act, 1956 says clearly: a Hindu is bound during his or her lifetime to maintain aged or infirm parents. The Senior Citizens Act, 2007 adds an administrative machinery to make that obligation real and enforceable — quickly. Section 125 of the criminal procedure law adds yet another tool.
You raised them. The law stands by you. The question is simply: do you know how to use it?
Written by the Pinaka Legal Editorial Team. For queries about parental maintenance or elderly parents' legal rights, call +91 8595704798 or email info@pinakalegal.com.
Frequently Asked Questions
Can a parent claim maintenance from their child even if the parent never raised them properly?
Yes. Courts have held that the right to maintenance does not depend on whether the parent fulfilled their own parental duties. In Pandurang v. Baburao, (1980) Cr LJ 256, the court confirmed that parents unable to maintain themselves may claim from their children irrespective of whether they raised them well or discharged parental obligations. The obligation arises from the parent-child relationship itself, not from a history of good parenting.
Is my daughter equally liable to maintain me as my son?
Yes, absolutely. Under Section 20 of HAMA (the Hindu Adoptions and Maintenance Act, 1956), both sons and daughters are equally liable. This was a deliberate change from old Hindu law, which burdened only sons. The court in N. Sree Ramudu v. N. Lahiri, AIR 2005 confirmed that both sexes are treated equally in this regard. Your daughter cannot claim she has no obligation simply because she is female.
My child says I must live with them to get maintenance — is this true?
No. This is a common but completely incorrect argument. Courts have firmly held that a parent's right to maintenance cannot be made conditional on living with the child. In Chathapopanatavida Balan v. Chathapptavida Devi, AIR 2009 (NOC) 1016 (Ker), the court held that a son cannot resist a mother's claim on the ground that she refused to live with him. Cohabitation is a condition that attaches only to a wife's maintenance claim — not to a parent's.
I own a house. Does that mean I cannot claim maintenance from my children?
Not necessarily. The question is whether the income from your property is sufficient to cover your reasonable needs. If you own a house but have no liquid income and cannot pay for medicines, food, or daily expenses, you may still qualify for maintenance. The court looks at your actual ability to meet your needs — not just whether you own an asset.
How much maintenance can I get from my child?
Under HAMA (civil court), there is no statutory cap — the court awards what is just and reasonable based on your needs and your child's means. Factors include your monthly expenses, your child's income, your own income or property, and the number of children being asked to contribute. Under the Senior Citizens Act, 2007, the Tribunal is currently capped at Rs. 10,000 per month. Courts can also grant interim maintenance while the case is pending.
I have multiple children. Can I claim from all of them?
Yes, and you can choose to file against one or all of them. You do not have to implead every child in a single case. However, courts will generally consider the total family resources and may apportion liability. Where there are multiple adult children with means, courts have divided liability proportionally — in one case, to one-third per child. (Khaja Mohammed Nooruddin v. Khaja Mohammed Fasiuddin, AIR 2010 (NOC) 438 (Mad))
Which is faster — the Senior Citizens Act Tribunal or a civil court under HAMA?
The Senior Citizens Act Tribunal is generally faster. The law requires the Tribunal to decide within 90 days of the service of notice. Civil courts under HAMA follow standard civil procedure timelines, which can stretch longer. However, HAMA has no cap on the maintenance amount, making it the better route when your needs exceed Rs. 10,000 per month. A family lawyer can help you decide which forum suits your situation.
What happens if my child refuses to pay even after a court or Tribunal order?
Under the Senior Citizens Act, the Tribunal can issue a warrant to levy the outstanding amount and may sentence the defaulting child to imprisonment for up to one month or until payment — whichever is earlier. Under HAMA, you can file execution proceedings to enforce the decree. Under Section 125 CrPC, a Magistrate also has coercive powers. Application for recovery of amounts due under the Senior Citizens Act must be made within three months of the default.
My son lives abroad. Can I still claim maintenance from him for my aged parents maintenance claim?
Yes, the obligation under Section 20 of HAMA does not depend on the child's residence. However, enforcement against a child abroad is practically more complex. Indian courts can still pass an order against them, and you may need to pursue enforcement through diplomatic/legal channels in the country where they reside. Consult a lawyer familiar with cross-border family law matters.
Does the rule apply if I am not a Hindu?
Section 20 of HAMA applies only to Hindus (including Sikhs, Jains, and Buddhists under the Act's definition). However, the Senior Citizens Act, 2007 and Section 125 CrPC apply to all parents regardless of religion. So even if you are not Hindu, you have strong legal options under those statutes to claim maintenance from adult children with sufficient means.
Can a mother-in-law claim maintenance from her daughter-in-law?
In limited situations — yes. Where a son has died and the daughter-in-law has obtained employment on compassionate grounds (often in place of the deceased son), courts have held that the daughter-in-law becomes liable to maintain the mother-in-law. (Saroj Mukkawar v. Chandrakala Bai Polshetwar, AIR 2009 (NOC) 2408 (Bom)) This is an exception rather than the general rule and depends on the specific facts.
Can I claim aged parents maintenance even if I have already given property to my child?
Yes. The fact that you transferred property to your child does not extinguish their obligation to maintain you. In fact, the Senior Citizens Act, 2007 under Section 4(4) specifically casts an obligation on persons who inherit or receive property from aged relatives to maintain those aged relatives. A gift or transfer of property that was induced by a promise of care can also be challenged in certain circumstances.
For more articles on Indian family law and maintenance rights, visit the Pinaka Legal Blog.