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State of Madhya Pradesh - Section

Section 13 in M.P. Maintenance and Welfare of Parents and Senior Citizen Rules, 2009

13. Action by the Tribunal in other case.

(1)In case -
(i)the applicants and the apposite parties do not agree for reference of their dispute to a Conciliation Officer as per rule 10; or
(ii)the Conciliation Officer appointed under rule 10 sends a report under sub-rule (3) of Rule 11 conveying inability ti work out a settlement acceptable to both the parties; or
(iii)no report is received form a Conciliation Officer within the stipulated time limit of one month; or
(iv)in response to the notice under sub-rule (1) of Rule 12 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.
(2)An order passed under Rule 7, Rule 8 or under sub-rule (1) above shall be a speaking one spelling out the facts of the case ascertained by the Tribunal and the reason 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 :-
(a)amount needed by the applicant to meet his basic needs especially food clothing accommodation and healthcare.
(b)income of the opposite party and
(c)value of and actual and potential income from the property if any of the applicant which the opposite party would inherit and/or is in possession of.
(4)A copy of every order passed whether final or interim on an application shall be given to the applicants and the opposite party or their representatives in person or shall be sent to them through a process server or by registered post.