- 27-Jun-2025
- Cyber and Technology Law
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (commonly known as the Senior Citizens Act) provides a legal framework in India for the protection, care, and maintenance of senior citizens. It places a duty on children and relatives to provide financial support and emotional care for their aging parents. However, a complex issue arises when the children are Non-Resident Indians (NRIs)—those who live abroad and may not be physically present to care for or financially support their elderly parents in India.
The question of whether NRI children can be held accountable under Indian law for the maintenance and welfare of their elderly parents has gained significance due to the growing number of aging parents facing neglect or exploitation by their children living abroad.
Under this Act, children (both resident and non-resident) are legally required to provide maintenance to their aging parents. The Act defines the term maintenance as provision of food, clothing, shelter, medical care, and other basic needs.
Section 4 of the Act specifically mentions that children and relatives are responsible for providing maintenance to elderly parents. If a parent is unable to maintain themselves due to financial incapacity, their children, irrespective of whether they live in India or abroad, are legally required to provide support.
The law does not exclude NRI children from their obligation to provide maintenance and care to their elderly parents, regardless of their residence status. So, even though they may be residing abroad, NRI children can be held accountable under Indian laws for failing to provide adequate financial support or care.
NRI parents facing neglect, financial exploitation, or abandonment can approach the Maintenance Tribunal under the Senior Citizens Act and file a complaint against their children, including those residing overseas.
If an elderly parent files a petition under the Senior Citizens Act, the Maintenance Tribunal can order the NRI children to provide financial support. The tribunal can also issue directions for maintenance and even take action if the NRI child refuses or fails to comply with the order.
Enforcement of the orders may involve diplomatic channels or international legal agreements. India may request assistance from the government of the country where the NRI child resides to enforce the maintenance order.
One of the challenges in holding NRI children accountable is the jurisdictional issue. Since the NRI child resides outside India, the Indian courts may face challenges in enforcing court orders. However, if the NRI child has assets in India or has income that can be attached, the courts have the authority to issue orders for recovery.
In some cases, international conventions or bilateral agreements between countries may help in enforcing such judgments across borders. India has signed treaties with certain countries that could make it easier to enforce maintenance orders in cases involving NRI children.
In some cases, the Family Court may also intervene, especially if the dispute is related to inheritance or property issues. The Family Court can issue directions concerning the welfare of senior citizens, including maintenance matters.
Some state governments also have provisions for pension schemes and care facilities for elderly individuals who may be facing issues with NRI children not fulfilling their maintenance obligations.
Apart from the Senior Citizens Act, elderly parents can also approach civil courts for seeking financial support. In cases where the NRI children own property in India, the civil court can order a share of the property or sale proceeds to be paid to the elderly parents for their maintenance.
Senior citizens may also seek legal help from elder care NGOs that work on elder rights, or use helplines and services provided by government agencies for elder abuse prevention.
Example: Mrs. Sharma, a 75-year-old widow, resides in Delhi. Her son, who lives in the US, has not been sending her the financial support she needs to cover her medical bills and daily expenses. Mrs. Sharma is also being emotionally neglected, with no visits or contact from her son.
Mrs. Sharma files a complaint with the Maintenance Tribunal in Delhi, under the Maintenance and Welfare of Parents and Senior Citizens Act.
The tribunal directs her son to provide monthly maintenance to cover her living and medical expenses.
Mrs. Sharma’s son, despite residing abroad, is legally bound to comply with the tribunal’s order. If he fails to do so, the District Magistrate can enforce the order with international assistance, and his assets in India can be attached to recover the maintenance amount.
NRI children can indeed be held accountable under Indian elder care laws, including the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The law clearly mandates that children, irrespective of their country of residence, are responsible for the maintenance and welfare of their elderly parents. While there are challenges in enforcement, especially in cross-border cases, the legal framework provides mechanisms for addressing neglect, abuse, and failure to provide support, ensuring that elderly citizens are not left vulnerable due to their children’s absence.
Answer By Law4u Team
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