5. Application for maintenance.—
(1) An application for maintenance under section 4, may be
made—
(a) by a senior citizen or a parent, as the case may be; or
(b) if he is incapable, by any other person or organisation authorised by him; or
(c) the Tribunal may take cognizance suomotu.
Explanation.—For the purposes of this section “organisation” means any voluntary association
registered under the Societies Registration Act, 1860 (21 of 1860) or any other law for the time being in
force.
(2) The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the
maintenance under this section, order such children or relative to make a monthly allowance for the
interim maintenance of such senior citizen including parent and to pay the same to such senior citizen
including parent as the Tribunal may from time to time direct.
(3) On receipt of an application for maintenance under subsection
(1), after giving notice of the
application to the children or relative and after giving the parties an opportunity of being heard, hold an
inquiry for determining the amount of maintenance.
(4) An application filed under sub-section
(2) for the monthly allowance for the maintenance and
expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of
the application to such person:
Provided that the Tribunal may extend the said period, once for a maximumperiod of thirty days in
exceptional circumstances for reasons to be recorded inwriting.
(5)An application for maintenance under sub-section
(1) may be filled against one or more persons:
Provided that such children or relative may implead the other person liable tomaintain parent in the
application for maintenance.
(6) Where a maintenance order was made against more than one person, the death of one of them
does not affect the liability of others to continue paying maintenance.
(7) Any such allowance for the maintenance and expenses for proceeding shall be payable from the
date of the order, or, if so ordered, from the date of the application for maintenance or expenses of
proceeding, as the case may be.
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(8) If, children or relative so ordered fail, without sufficient cause to comply withthe order, any such
Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner
provided for levying fines, and may sentence such person for the whole, or any part of each month’s
allowance for the maintenance and expenses of proceeding, as the case be, remaining unpaid after the
execution of the warrant, to imprisonment for a term which may extend to one month or until payment if
sooner made whichever is earlier:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless
application be made to the Tribunal to levy such amount within a period of three months from the date on
which it became due.
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