Section 17 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner.
Summary
- No party in a case before the Maintenance Tribunal is allowed to be represented by a legal practitioner.
- No party in a case before the Appellate Tribunal is allowed to be represented by a legal practitioner.
- This ban on legal representation applies regardless of what is written in any other law.
- Legal practitioner means a lawyer or advocate.
Practical examples
FAQ
1. Can a child or relative hire a lawyer to represent them before the Maintenance Tribunal?
No, under this section, no party to a proceeding before a Tribunal can be represented by a legal practitioner.
2. Does the ban on legal practitioners also apply to the Appellate Tribunal?
Yes, the ban on legal practitioners applies to proceedings before both the Maintenance Tribunal and the Appellate Tribunal.
3. Why are lawyers not allowed in these proceedings?
The Act aims to keep the process simple, cheap, and fast for senior citizens, preventing long and costly legal battles.
Test yourself
Q1.Under Section 17 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, who is barred from representing a party in proceedings before a Tribunal or Appellate Tribunal?
Q2.Under Section 17 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, when does the restriction on representation by a legal practitioner apply?
Q3.Under Section 17 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, how does the restriction on legal practitioners interact with other existing laws?
Q4.Under Section 17 and Section 18 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if a senior citizen cannot hire a lawyer, how can they receive assistance in presenting their case?