Section 15 in The Punjab Maintenance and Welfare of Parents and Senior Citizen Rules, 2012
15. Action by the Tribunal in other cases.
(1)in case,-(i)the applicant(s) and the opposite parties do not agree for reference of their dispute to a Conciliation Officer as per rule 12; or(ii)the Conciliation Officer appointed under rule 9 sends a report under sub-rule (3) of rule 13 conveying inability to work out 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 reference made under sub-rule(2) of rule 13 and 14 and referred to the Tribunal by the Conciliation Officer, one or both 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 claim. and shall. after a summary inquiry as provided in sub-section(1) of section 8, pass such order as it deems fit. The Tribunal may take evidence by way of affidavits.(2)In case a regular enquiry is required the Tribunal may grant equal opportunity to both the parties for leading evidence in support of their claims. Such evidence in such proceedings shall be taken in the presence of the children or relatives against whom an order for payment of maintenance is sought and the proceedings shall be recorded in the manner specified for summons cases. The Tribunal may take evidence by way of affidavits.(3)An order passed under sub-rule(1) or under rules 6, 7 or 14(2) as the case may be shall be a speaking order, spelling out the facts of the case as ascertained by the Tribunal along with the reasons for the order.(4)While passing an order under sub-rule(1), directing the opposite party to pay maintenance to an applicant, the Tribunal shall take the following in to consideration,-(a)Amount needed by the applicant to meet his basic needs, especially food, clothing accommodation and healthcare,.(b)In come 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 already in his possession; and(d)The Tribunal may, at any stage, ask the Maintenance Officer or any official to inspect the property of the applicant, evaluate it and verify income derived there from.(5)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, as the case may be.
