Section 15 in The Haryana Maintenance of Parents and Senior Citizen Rules, 2009
15. Action by the Tribunal in other.
- In case-(i)the applicants 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 12 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 notice issued under sub-rule (1) of rule 14 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 claims, 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 an affidavit.(2)In case a regular enquiry is required the Tribunal may give equal opportunities to both the parties for leading evidence in support of their claims All such evidence in such proceedings shall be taken in the presence of the children or relative/relatives against whom an order for payment of maintenance is requested for and the proceedings shall be recorded in the same manner as may be specified for summons case. The Tribunal may take evidence by way of an affidavit.(3)An order passed under rule 9, rule 10 or under sub-rule (1) above shall be a speaking one spelling out the fact of the case as ascertained by the Tribunal and the reason for the order.(4)While passing an order under 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;(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; and(d)Tribunal if required at any stage may ask the Maintenance Officer or any official to evaluate and verify the income by way of support inspection/visit.(5)A copy of every order passed whether final or interim on an application shall be given to the applicant and the opposite party or their representatives in person or shall be sent to them through a process server or by registered post.
