.(1) The Tribunal may make a maintenance order if it considers that it is just and equitable that the respondent should maintain the application and that-
(a) the respondent is able to provide maintenance to the applicant after his own requirements and those of his spouse and his children; and
(b) the applicant is unable, inspite of efforts on his part, to maintain himself through work or from his property or from any other source.
(2) When ordering maintenance for the benefit of a wife, child or aged or infirm parent, the Tribunal shall have regard to all the circumstances of the case including (but not limited to) the following matters:-
(a) the financial needs of the applicant, taking into account reasonable expenses for housing and medical costs ;
(b) the income earning capacity, property and other financial resources of the applicant and the manner in which an applicant has spent his saving or dissipated his financial resources ;
(c) any physical or mental disability of the applicant ;
(d) the income, earning capacity, property and other financial resources of the respondent ;
(e) the expenses incurred by the respondent in supporting his spouse or children;
(f) the contributions and provisions, whether financial or otherwise, which the respondent has made for the maintenance of the applicant ; and
(g) if the applicant is living separately, whether the applicant is justified in doing so.
(3) When ordering maintenance, if any, for the benefit to a dependant (other than wife, minor son, unmarried daughter and parents) regard shall be had to-
(a) the net value of the estate of the deceased after providing for the payment of debts ;
6 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND DEPENDANTS ACT, 2001
(b) the provisions, if any, made under a will of the deceased in respect of the dependant ;
(c) the degree of relationship between the two ;
(d) the reasonable wants of the dependant ;
(e) the past relations between the dependant and the deceased ;
(f) the value of the property of the dependant and any income derived from the property or from his or her earnings or from any other source ; and
(g) the number of dependants entitled to maintenance under this Act.
(4) Where there is more than one respondent the Tribunal may apportion the maintenance among the various respondents in such manner as may be just.
(5) The Tribunal shall, before hearing an application under this section refer the differences between the parties to a conciliation officer for mediation between the parties.