Senior Citizens Must Prove Financial Inability to Claim Maintenance from Children: Orissa High Court

The Orissa High Court ruled that being a senior citizen alone does not automatically entitle one to maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 unless they prove an inability to support themselves from own earning or out of owned property. 

The Court emphasized that tribunals must establish both neglect by children and the parent's financial incapability before granting maintenance.

The Court found procedural lapses in the tribunal’s and appellate authority’s decisions, particularly in assessing financial dependency and applying Rule 14 of the 2009 (Odisha Maintenance of Parents and Senior Citizens Rules, 2009) Rules.

It set aside the appellate order and remitted the matter for fresh hearing.