section 6
Jurisdiction and Procedure. ––(1) The proceedings under section 5 may be taken against any children or relative in any district––
The Jammu and Kashmir Maintenance and Welfare of Parents and Senior Citizens Act, 2014Chapter II Maintenance of Parents and Senior Citizens
(a) where he resides or last resided, or (b) where children or relative resides. (2) On receipt of the application under section 5, the Tribunal shall issue a process for procuring the presence of children or relative against whom the application is filed. (3) For securing the attendance of children or relative, the Tribunal shall have the power of a Judicial Magistrate of first class as provided under the Code of Criminal Procedure, Samvat 1989. (4) All evidence to such proceedings shall be taken in the presence of the children or relative against whom an order for payment of maintenance is proposed to be made, and shall be recorded in the manner prescribed for summons cases : Provided that if the Tribunal is satisfied that the children or relative against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Tribunal, the Tribunal may proceed to hear and determine the case ex-parte. (5) Where the children or relative is residing out of State, the summons shall be served by the Tribunal through such authority, as the Government may by notification in the Government Gazette, specify in this behalf. (6) The Tribunal before hearing an application under section 5 may, refer the same to a Conciliation Officer and such Conciliation Officer shall submit his findings within one month and if amicable settlement is arrived at within the said period, the Tribunal shall pass an order to that effect. Explanation:–– For the purposes of this sub-section “Conciliation Officer” means any person or representative of an organisation referred to in Explanation to sub-section (1) of section 5 or the Maintenance Officers designated by the Government under subsection (1) of section 18 or any other person nominated by the Tribunal for this purpose.
Study data processing for this section.
PDF: pending for this language.