The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009

What the rules govern

The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 implement the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Tamil Nadu. They govern applications by parents and senior citizens seeking maintenance, proceedings before Maintenance Tribunals and Appellate Tribunals, conciliation, and certain administrative oversight of old age homes.

Maintenance applications

The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 prescribe the following process:

• A maintenance application must be submitted to the Tribunal in Form A.
• The applicant must provide two complete sets, an addressed envelope for the respondent, and additional copies and envelopes where there is more than one respondent.
• The Tribunal checks whether the application is complete and whether the opposite party appears to have an obligation to maintain the applicant.
• Defects in an application may be corrected within a reasonable time allowed by the Tribunal.
• Applications are entered in the Register of Maintenance Claim Cases, and an acknowledgement in Form B is issued.
• The Extension Officer (Social Welfare) at each Revenue Division headquarters assists with register entries and completing applications.

Notice, hearing and conciliation

The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 require notice in Form C to be served on each person against whom maintenance is claimed. The notice requires personal appearance and a written response. If the person does not respond despite service, the Tribunal may hear the applicant's evidence, make inquiries and decide the application without that person's participation.

A respondent may seek to add another child or relative as a party, generally on the first hearing date. If both parties agree, the dispute may be referred to the District Social Welfare Officer or another mutually acceptable person for conciliation. The Conciliation Officer must try to reach a settlement within one month of receiving the reference.

Maintenance amount and property relevance

The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 require the Tribunal to consider:

• The applicant's basic needs, especially food, clothing, accommodation and healthcare.
• The opposite party's income.
• The value and actual or potential income from property of the applicant that the opposite party may inherit or possess.

Maintenance cannot exceed rupees ten thousand per month. It also cannot exceed the opposite party's monthly income from all sources divided by the number of family members, including the applicant or applicants.

Appeals and old age homes

The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 require an appeal to be filed in Form I with a copy of the Maintenance Tribunal's disputed order. The Appellate Tribunal registers the appeal, acknowledges it in Form J and serves notice on the respondent in Form K.

The District Social Welfare Officer must maintain indexed records of voluntary organisations providing age care services and may inspect old age homes and collect information from their operators.