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Section 5: Procedure for filling an application for maintenance, and its registration

Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009Union territory Rules of Delhi · 2007

(1) An application for maintenance under section 4 shall be made in Form ‘A’, in the manner laid down in clauses (a) and (b) of sub-section (1) of section 5.

(2) On receipt of an application under sub-rule (1), the Presiding Officer shall cause – Its essential details to be entered in a Register of Maintenance Claim Cases, to be maintained by the Maintenance Tribunal.

Its acknowledgment in Form ‘B’ to be given, notwithstanding anything contained in rule 5, to the applicant or his authorized representative in case of hand delivery, and its dispatch by post in other cases and the acknowledgement shall specify, inter alia, the registration number of the application.

(3) Where a Tribunal takes cognizance of a maintenance claim, suo motu, the Presiding Officer shall, after ascertaining facts, get Form ‘A’ completed as accurately as possible, through the staff of the Tribunal, and shall, as far as possible, get it authenticated by the concerned senior citizen or parent, or any person or organization authorized by him and shall cause the same to be registered in accordance with clause (a) of sub-rule (2) above.

6. Preliminary Scrutiny of the application

(1) On receipt of an application under sub-section (1) of section 5, the Tribunal shall satisfy itself that-

(a) The application is complete; and

(b) The opposite party has, prima facie, an obligation to maintain the applicant in terms of section 4.

(2) In case where the Tribunal finds any lacunae in the application, it may direct the applicant to rectify such lacunae within 15 days of filling the application.

(3) Every application shall be heard and decided, within 3 months of the date of its presentation.

Where this provision sits

ActDelhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009
Section5
Marginal noteProcedure for filling an application for maintenance, and its registration
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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