If you are stuck in such a situation, here is what to do.

We received a query from a young man, let’s call him Rohan, who is facing a deeply distressing situation. His father, Mr. Verma, who subjected him, his sister Aarti, and their late mother to years of horrific abuse and neglect, is now seeking financial maintenance from them under the law. Rohan recounts a childhood marked by extreme cruelty in their home in Jaipur. His father, who openly stated he had children only for his own gratification, consistently failed to provide basic necessities like education, food, and clothing. The abuse was not just neglectful but actively violent. Rohan described incidents where his mother was severely beaten, leading to permanent injury, and subjected to humiliating punishments. The children were also victims of physical abuse and were forced into sleep deprivation for years to accommodate their father’s online social media activities, resulting in chronic health issues for Rohan.

After their mother’s tragic death, which Rohan attributes to his father’s medical negligence, he and his sister left home. Mr. Verma sent a message disowning them completely. However, now that he is elderly and in poor health, he has started demanding financial support. After emotional blackmail failed, he has now involved local community council officials, who are threatening Rohan and Aarti with legal action under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The officials have dismissed their history of abuse, stating they are not concerned with “family history.” Rohan is understandably concerned that the legal system might compel him to support the man who destroyed his family.

Advice in such cases

Facing a legal claim from an abusive parent is emotionally and legally complex. It is crucial to handle the situation with a clear strategy rather than reacting emotionally.

• Do not ignore any official communication or notice from a Maintenance Tribunal. Failing to respond can result in an ex-parte order against you.
• Begin documenting everything. Write down every instance of abuse and neglect you can remember. Collect any evidence you might have, no matter how small it seems.
• Avoid direct communication with the parent who is making the claim, especially if it involves emotional blackmail or threats. Let all communication be handled through legal channels.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary law governing this issue is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act was created to provide a speedy and effective legal provision for the maintenance and welfare of senior citizens.

• Section 4 of the Act: This section establishes that a senior citizen, including a parent who is unable to maintain themselves from their own earnings or property, is entitled to claim maintenance from their adult children or specified relatives.
• Section 5 of the Act: This outlines the procedure for making an application for maintenance to the Maintenance Tribunal. The Tribunal has the power to order children to make a monthly allowance for the maintenance of their parent.
• While the Act’s primary focus is on the welfare of senior citizens, the courts can and do consider the conduct of the parties. A parent who has willfully neglected and abandoned their children may have their claim for maintenance challenged on equitable grounds. The defense would argue that the parent failed to perform their own fundamental duties, thereby forfeiting their right to claim maintenance.

If you are the complainant

If you are a senior citizen seeking maintenance from your children, the process involves:

• Filing an application before the Maintenance Tribunal of your district.
• Providing proof of your age and your inability to support yourself financially.
• Demonstrating that your children have sufficient means to provide maintenance but are neglecting or refusing to do so.
• The Tribunal will then issue a notice to your children and conduct a summary proceeding to decide the matter.

If you are the victim

If you are a child against whom a claim for maintenance has been filed by an abusive parent, you have the right to defend yourself vigorously.

• Upon receiving a notice from the Tribunal, you must file a detailed written reply.
• In your reply, clearly and chronologically state all the facts of the past abuse, neglect, and abandonment. Do not hold back. The court needs to understand the complete history.
• Argue that your parent failed in their fundamental duties towards you as a child, and therefore, the claim is not maintainable on moral and equitable grounds. While the law mandates children to care for parents, it presupposes a history of parental care and nurture.
• Submit all possible evidence to support your claims of abuse and neglect.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In cases under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the police have a limited direct role in the initial proceedings. The matter is quasi-judicial and handled by a Maintenance Tribunal, which is typically headed by a Sub-Divisional Magistrate (SDM). The police do not investigate the “family history” for the maintenance claim itself. Their role comes into play primarily for the enforcement of the Tribunal’s orders. If the Tribunal orders maintenance and the child fails to pay, the Tribunal can issue a warrant, which the police would then execute. Police may also be involved if a separate criminal complaint is filed regarding threats, assault, or other offenses defined under the Bharatiya Nyaya Sanhita (BNS).

FAQs people normally have

What evidence is required?

To defend against a maintenance claim from an abusive parent, evidence is critical. The burden will be on you to prove the history of neglect and cruelty. You can use:

• Witness Testimony: Testimony from relatives, neighbours, or family friends who were aware of the abuse or neglect. Your sibling’s testimony will be very powerful.
• Medical Records: Any medical records of injuries sustained by you, your sibling, or your mother due to the abuse. Records of treatment for conditions caused by neglect (like Rohan’s chronic migraines from sleep deprivation) are also relevant.
• Documentary Evidence: Any letters, emails, or messages, such as the one Mr. Verma sent disowning his children, can be powerful proof of abandonment.
• School Records: These can sometimes show patterns of neglect, such as non-payment of fees or poor attendance.
• Photographs: If any photos exist that depict the poor living conditions or injuries, they can be submitted.

How long will the investigation take?

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is designed for speedy disposal. According to Section 5(4) of the Act, the Maintenance Tribunal should ideally dispose of the application for maintenance within 90 days from the date of service of notice to the children. This period can be extended by a maximum of 30 days in exceptional circumstances, for reasons to be recorded in writing. Therefore, you can expect the proceedings to conclude within approximately 3 to 4 months.

Advocate Sudhir Rao, Supreme Court of India