AJAY S/O. HARAKCHAND KARNAVAT Vs. HARAKCHAND S/O. SUBHAGCHAND KARNAVAT
HIGH COURT OF BOMBAY
Ajay S/O. Harakchand Karnavat
Harakchand S/O. Subhagchand Karnavat
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(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
(2.) Present proceeding is filed by the opponent of proceeding filed by respondent Harakchand before the Tribunal created under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act' for short). Maintenance at the rate of Rs. 5,000/- p.m. was granted against present petitioner and his brother Sunil. This order was challenged by filing appeal before the Collector, the Appellate Tribunal and the Appellate Tribunal has reduced the maintenance and it is made as Rs. 3,000/- p.m. This order is challenged in the present proceeding.
(3.) The learned counsel for present petitioner drew the attention of this Court to the provision of section 6 of the Act, in which the procedure is laid down for the trial of such matters. The provisions of section 6 (3) and (4) show that the Tribunal has the power of Judicial Magistrate First Class as provided in Criminal Procedure Code, 1973 and the evidence needs to be recorded in presence of children and relatives against whom the order of payment of maintenance is proposed. The provision of section 8 of the Act shows that in holding inquiry, the Tribunal is expected to follow summary procedure as laid down by the State Government in that behalf. These provisions together show that the evidence needs to be recorded in the matter and the provision of section 6(4) shows that the evidence needs to be recorded in the manner prescribed for summons case. Admittedly, such procedure was not followed by the Tribunal. This point is not considered by the Appellate Tribunal. The learned counsel for petitioner submitted that as the procedure was not followed, there was no opportunity to the petitioner to contest the matter properly. For that, he wants remand of the matter.;
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