Law relating to Maintenance of Wives, Children and Parents was discussed during an online capacity building programme held for Para Legal Volunteers of Tamenglong and Noney districts organised on Monday by the District Legal Services Authority, Tamenglong in collaboration with Manipur State Legal Services Authority under the aegis of NALSA.
Aribam Guneshwar Sharma, MJS, District & Sessions Judge, Imphal West cum Chairman, DLSA, Tamenglong stated that it is not only moral obligation to maintain wives, children and parents but also protect them by law namely Section 125 of the Code of Criminal Procedure; the Hindu Adoption and Maintenance Act, 1956 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
To maintain a wife, children and parents is imbedded to all of us morally, legally and socially, he said.
Chongtham Shaibhalini Devi, assistant professor of Royal Academy of Law, Oinam spoke on the relevant provisions under Section 125 of the Code of Criminal Procedure; the Hindu Adoption and Maintenance Act, 1956; the Muslim Woman (Protection of Rights on Divorce) Act, 1986; the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Protection of Women from Domestic Violence Act, 2005.
Chongtham focused mainly on law relating to maintenance of parents and senior citizens. She thus highlighted salient features of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
She informed that as per the Act, parent means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether the father or the mother is a senior citizen or not; senior citizen means any person being a citizen of India, who has attained the age of 60 years or above; children includes son, daughter, grandson and grand-daughter but does not include a minor; and relative means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death.
Devi further informed that a senior citizen or parent who is unable to maintain himself from his own earning or out of his property, shall be entitled to make an application for maintenance before the Maintenance Tribunal i.e. Sub Divisional Officer against one or more of his children not being a minor in case of parent or grand-parent; and against his relative in case of a childless senior citizen.
If the senior citizen or parent is incapable of making an application under the Act, any other person or organization authorised by him like any voluntary association registered under the Societies Registration Act, 1860 or any other law for the time being in force may make such an application.
She had further spoken on establishment of an old age home at least one in each district and medical care of senior citizens. It is appealing to fulfil our obligation towards our wives, children, parents and senior citizens even before any complaint is made against us.
