Answer By law4u team
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2007 Act) was enacted to provide for the maintenance and welfare of parents and senior citizens. The Act allows parents or senior citizens to seek relief through legal proceedings if their maintenance or welfare is neglected by their children or relatives. Before filing a formal application under the Act, the law requires that a legal notice is served to the child or relative. The legal notice serves as a formal communication of the intent to take legal action, giving the respondent a chance to resolve the issue.
The legal notice format before filing under the 2007 Act must follow certain guidelines and include all the necessary details required by law.
Legal Notice Format Under the 2007 Act
- Heading of the Legal Notice:
The legal notice should begin with a heading stating the purpose of the notice. This can be:
- Legal Notice for Maintenance Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Notice for Non-Payment of Maintenance Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Details of the Sender (Parent or Senior Citizen):
- Name of the Parent/Senior Citizen
- Address of the Parent/Senior Citizen
- Contact Information (Phone, Email, etc.)
- Date of Birth (if applicable, to verify senior citizenship)
- Details of the Receiver (Child or Relative):
- Name of the Child or Relative
- Address of the Child or Relative
- Relationship to the Sender (e.g., son, daughter, nephew)
- Contact Information of the Receiver (if available)
- Statement of Facts:
In this section, the facts leading to the legal notice must be clearly stated. For example:
- Relationship between the parties (senior citizen and their child)
- Details of the neglect or non-payment of maintenance. This could include the non-payment of monthly maintenance, denial of basic needs, or failure to provide medical care.
- Previous requests made to the child/relative for maintenance or assistance (e.g., verbal requests, written communication, etc.).
- If there was a verbal agreement or an existing family arrangement for maintenance, mention it here.
Example: I, [Senior Citizen's Name], residing at [Address], have been consistently dependent on my son/daughter [Name of the Child], who is residing at [Address], for my financial and medical needs. Despite several requests for monthly maintenance and assistance, my son/daughter has failed to provide the required support, leading to significant hardship.
- Reference to the Legal Provisions of the 2007 Act:
Refer to specific sections of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 that provide the right to maintenance. Specifically:
- Section 4: It talks about the maintenance of senior citizens by their children or relatives.
- Section 5: It discusses the right to file a petition in the Tribunal for maintenance if the parent is not receiving proper maintenance.
Example: Under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it is the legal obligation of children to provide maintenance to their parents, and failure to do so can lead to legal consequences, including the intervention of the Tribunal for a remedy.
- Demand for Relief/Action:
This section outlines what action the sender expects the receiver to take. This could include:
- Payment of maintenance or arrears (if any).
- Provision of medical care or support.
- Compliance with previous agreements or promises made by the child/relative.
- Request for a meeting or resolution within a specific time frame (e.g., 15 days).
Example: I hereby demand that you immediately pay the arrears of maintenance for the last 6 months, amounting to ₹[Amount], and continue to provide regular monthly maintenance of ₹[Amount]. In the event of non-compliance, I will be forced to approach the Maintenance Tribunal for legal redressal.
- Time Frame for Response:
The legal notice should specify the time within which the receiver is required to respond or take action. This period is typically 15 days, but it may vary based on the circumstances or local regulations.
Example: "You are hereby requested to respond to this notice within 15 days of receipt of the same, failing which I will be compelled to take legal action under the provisions of the 2007 Act."
- Legal Consequences for Non-Compliance:
The notice should clearly state the legal consequences of failing to comply with the demand, including:
- Filing a petition in the Maintenance Tribunal for the recovery of maintenance.
- Possible penalties or actions under the 2007 Act.
Example: "In case you fail to respond or provide the necessary maintenance within the stipulated time, I will have no option but to file a petition before the Maintenance Tribunal as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking relief, including the payment of arrears and ongoing maintenance."
- Signature of the Sender or Their Representative:
The notice should be signed by the sender (parent or senior citizen) or their authorized representative (such as a lawyer) to authenticate it.
- Date and Place of Issuance:
The notice should mention the date and place from where the notice is being issued.
Sample Legal Notice Format Under the 2007 Act
Legal Notice for Maintenance Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Date: [Insert Date]
To,
[Name of the Child/Relative]
[Address of the Child/Relative]
[Phone Number/Email]
Subject: Legal Notice for Maintenance Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Dear [Name],
I, [Your Full Name], aged [Your Age], residing at [Your Address], am hereby issuing this notice to you as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for the failure to provide the maintenance and support that is legally due to me as your parent/guardian.
Facts of the Matter:
- I have made several requests for monthly financial support, but you have failed to provide the required maintenance.
- Despite repeated verbal and written communications, I have not received any assistance from you in the last [Number of Months].
- My current financial condition has been severely impacted due to your neglect, leaving me unable to meet my basic needs.
Under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it is your legal responsibility to provide maintenance to me. Your non-compliance is causing undue hardship.
Demand for Relief:
- I hereby demand the payment of arrears of maintenance amounting to ₹[Amount] for the past [Number of Months].
- I also demand that you continue to provide a monthly maintenance of ₹[Amount], effective from [Date].
You are requested to comply with this demand within 15 days of receipt of this notice. In case of failure to do so, I will be forced to approach the Maintenance Tribunal for the necessary legal action.
Legal Consequences for Non-Compliance:
Failure to comply with this notice may result in my filing a petition in the Maintenance Tribunal under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking relief.
Place: [City]
Date: [Insert Date]
Sincerely,
[Your Name]
[Your Signature]
[Your Contact Information]
Conclusion
Serving a legal notice is a mandatory step before filing a case under the 2007 Act. The notice format must include all required details to ensure compliance with the legal requirements, including the specifics of the demand, legal provisions, and consequences. If the issue remains unresolved after sending the notice, the next step is to approach the Maintenance Tribunal to seek judicial relief.
