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Section 13: Action by Tribunal in other cases

The Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010State Rules of Maharashtra · 2007

(1) In case, -

(i) the applicant(s) and the opposite parties do not agree for reference of their dispute to a Conciliation Officer under rule 10, or .

. (if) the Conciliation Officer appointed under rule 10 sends a report under sub-rule (3) of rule 11, conveying his inability to arrive at a settlement acceptable to both the parties, or

(iii) no report is received from a Conciliation Officer within the stipulated time-limit of one month, or

(iv) in response to the notice issued under sub-rule (1) of rule 12, either of the parties decline to confirm the settlement worked out by the Conciliation Officer, _the Tribunal shall give to both the parties an opportunity of leading evidence in support of their respective claims, and shall, after holding a summary inquiry as provided in sub-section (I) of section 8, pass such order as it may deem fit.

(2) An order passed under rule 7, 8 or sub-rule (1) above, shall be a speaking order; spelling out the facts of the case as ascertained by the Tribunal, and the reasons for the order.

(3) While passing an order under sub-rule (1), directing the Opposite Party to pay maintenance to an applicant, the Tribunal shall take the following into consideration, namely:-

(a) amount needed by the applicant to meet his basic needs, especially food, clothing, accommodation, and health care;

(b) income of the opposite party;

(c) value of, and actual and potential income from the property, if any, of the applicant which the opposite party would inherit or is in possession of.

(4) A copy of every order passed, whether final or interim, on an application, shall be given to the applicant (s) and the Opposite Party or their representatives, in person, or shall be sent to them through a process server or by registered post.

Where this provision sits

ActThe Maharashtra Maintenance and Welfare of Parents and Senior Citizens Rules, 2010
Section13
Marginal noteAction by Tribunal in other cases
JurisdictionState of Maharashtra
StatusIn force as published by the source

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