Section 13 in The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009
13. Action by the Tribunal in other cases.
(1)In case where-(i)the applicant(s) and the opposite parties do not agree for reference to 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 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, one or both the parties decline to confirm the settlement arrived at by the Conciliation Officer.the Tribunal hall give to both the parties an opportunity of advancing evidence in support of their respective claims, 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 as ascertained by the Tribunal, and the reasons for such 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 facts into consideration:-(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 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 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.
