🧠 LEGAL LEARNING – Shri Ganpati Jurists
Maintenance Rights of Senior Citizens under the 2007 Act
🔹 Adopted Children Are Also Liable
Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, an adopted son is legally and morally bound to provide maintenance to his aged or dependent parents—even if the parents choose not to live with him due to reasons such as abuse, neglect, or strained relations.
🔹 Senior Citizens Can Choose Against Whom to File
The law does not require a senior citizen to file against all children. Based on personal circumstances, they may proceed legally against any one child, and this does not affect the validity of the claim.
🔹 Refusal to Stay Does Not Disqualify
A parent or senior citizen’s refusal to stay with their children does not disqualify them from receiving maintenance. Courts have clarified that forcing cohabitation as a condition for maintenance goes against the spirit and intent of the legislation.
⚖️ This reinforces that emotional or physical mistreatment does not strip away a senior citizen’s legal protections under the Act.
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