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Showing contexts for: maintenance application in Lal Chand Kumawat vs Radheyshyam And Ors on 1 May, 2023Matching Fragments
The Maintenance Tribunal issued notices to the petitioner/ non-applicant, who appeared before the Tribunal and submitted an application for dismissing the application for maintenance filed by the respondents/ applicants stating that the respondents/applicants do not come in the definition of Senior Citizens as their age is below 59 years.
The Maintenance Tribunal after examining the material available on the record, allowed the application filed by the respondents/applicants vide its order dated 22.09.2021 and ordered to dispossess the petitioner/ applicant from their house and directed the SHO, Police Station Baggad, District Jhunjhunu to get vacated the said plot and hand over the possession of the plot to the respondents/applicants.
Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.
5. Application for maintenance- (1) An application for maintenance under section 4, may be made -(Downloaded on 11/11/2023 at 05:10:44 PM)
(3) On receipt of an application for maintenance under sub-section(1), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance.
(4) An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person:
Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance. (6) Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance.
(7) Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.