KALPANA BANERJEE Vs. MAINTENANCE TRIBUNAL THROUGH THE CHAIRMAN AT SADAR ALIPORE SADAR AND ANR.
LAWS(CAL)-2010-7-177
HIGH COURT OF CALCUTTA
Decided on July 09,2010

KALPANA BANERJEE Appellant
VERSUS
Maintenance Tribunal Through The Chairman At Sadar Alipore Sadar And Anr. Respondents

JUDGEMENT

JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this Article 226 dated May 13, 2010 is aggrieved by the order of the Chairman, Maintenance Tribunal, Alipore Sadar, South 24 Parganas dated March 3, 2010 (at p.40) under Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
(2.) The petitioner claimed maintenance from her son, one Dr. Bikramjit Banerjee, at the rate of US 500/- per month. The Tribunal granted her maintenance at the rate of US 125/- per month. The Tribunal recorded that it heard the authorised representatives of the petitioner and her son, the second respondent herein.
(3.) In Para 11 of this petition the petitioner has stated as follows : "11. Your petitioner submits that while passing the order on 3-3-2010 in case No. 7 of 2009 the Learned Tribunal though recorded that the case was heard on 8-12-2009, 30-12-2009 and 19-01-2010 but in fact no notice of hearing on 08-12-09 was served upon the petitioner and on 30-12-2009 the petitioner in spite of having heart problem went to the Tribunal with her husband but was not called for hearing though she waited there till 1.15 p.m. On enquiry she was told that the Respondent took time through his Learned Advocate. Thereafter your petitioner received another notice on 21st January 2010 at 4.35 p.m. about the hearing held on 19-01-2010. From the envelop it appeared that the same was posted on 18-01-2010. On or about 28th January 2010 the petitioner sent her husband to enquire into the matter and came to know that on 19-01-2010 representative of the Respondent No. 2 appeared and the order was passed which would be communicated by the last week of March 2010.;


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