Section 8 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- (1)In holding any inquiry under section 5, the Tribunal may, subject to any rules that may be prescribed by the State Government in this behalf, follow such summary procedure as it deems fit.
- (2)The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
- (3)Subject to any rule that may be made in this behalf, the Tribunal may, for the purpose of adjudicating and deciding upon any claim for maintenance, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.
Summary
- When holding an inquiry for maintenance under Section 5, the Tribunal is allowed to follow a simple, fast procedure called a summary procedure.
- This simple procedure must follow any specific rules that are prescribed by the State Government.
- The Tribunal is given the legal powers of a Civil Court for the purpose of taking evidence on oath.
- The Tribunal can also use Civil Court powers to enforce the attendance of witnesses and compel the discovery and production of documents or physical objects.
- For certain criminal procedure purposes, the Tribunal is legally deemed to be a Civil Court under the Code of Criminal Procedure, 1973.
- The Tribunal can choose one or more experts who have special knowledge to help them in holding the inquiry.
Practical examples
FAQ
1. What is a summary procedure under this Act?
A summary procedure is a simplified, quick legal process that the Tribunal can follow to resolve maintenance claims without long delays.
2. Does the Tribunal have the power to make witnesses come to the hearings?
Yes, the Tribunal has all the powers of a Civil Court to enforce the attendance of witnesses and take evidence on oath.
3. Can the Tribunal force someone to show financial papers or other proof?
Yes, the Tribunal can compel the discovery and production of documents and material objects.
4. Can the Tribunal get help from outside specialists?
Yes, the Tribunal may choose one or more people with special knowledge of relevant matters to assist in the inquiry.
Test yourself
Q1.Under Section 8 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what kind of procedure may the Tribunal follow when holding an inquiry under Section 5?
Q2.Under Section 8 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Tribunal is granted the powers of which body for taking evidence and enforcing witness attendance?
Q3.Under Section 8 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, who can the Tribunal choose to assist it in deciding a claim for maintenance?
Q4.Under Section 8 and Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, how does the Tribunal's power to follow a summary procedure affect the processing of an interim maintenance application filed under Section 5?