Section 3 — Application for maintenance order.

3. Application for maintenance order.- (1) Any person who is 
unable to maintain himself and 1[xxxxxxxxxxxxxxxxxxxxxxx] is resident in 
the State of Himachal Pradesh, may apply to the Tribunal for an order-  

(i)  in case of a parent or grand parent, that one or more of his 
children or grand children ;  

(ii)  in case of wife, that her husband ;  

(iii)  in case of minor son or unmarried daughter, that his or her 
father and where father is dead, his or her mother ; and  

(iv) in case of dependant (other than a parent, grand parent, wife, 
minor son or un married daughter) if such dependant has not 
obtained, by testamentary of intestate succession, any share in 
an estate of his ancestor that the persons who take the share, 
shall pay him a monthly allowance, not exceeding five 
thousand rupees per mensem, or any other periodical payment 
or a lump-sum for his maintenance. 

(2) An approved person or organisation in whose care a parent, wife, 
child or dependant resides may apply to the Tribunal for an order that the 
respondent shall pay to the approved person or organisation a monthly 
allowance not exceeding five thousand rupees per mensem or any other 
periodical payment or a lump sum for the purposes of defraying the cost and 
expenses of maintaining that parent, wife, child or a dependant, as the case 
may be.  

(3) Where a parent, wife, child or dependant ceases to be in the care 
of the approved person or organisation, any part of the monthly allowance, 
other periodical payment or lump sum remaining after deducting the 
reasonable cost and expenses of maintaining the parent, wife, child and the 
dependant shall be held in trust for such parent, wife, child and the 
dependants, as the case may be. 

                                                 
1. The words “having income below the level laid down for persons living below the 

poverty line and” deleted vide Act No. 21 of 2007. 



THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 5 

DEPENDANTS ACT, 2001 
Explanation.- For the purposes of this section, a parent is unable to 

maintain himself, if his total or expected income and other financial resources 
are inadequate to provide him with basic amenities and basic physical needs 
including (but not limited to) shelter, food and clothing.