Maintenance Tribunal — Constitution and Jurisdiction

3.1 Section 7 — Tribunal

Section 7(1): The State Government shall by order constitute one or more Maintenance Tribunals for each Sub-Division.

The Tribunal:

• Presided by the Sub-Divisional Magistrate (SDM) of the area
• Or any other officer designated by the State Government

Why SDM? The choice of SDM — an executive magistrate — rather than a court judge reflects the intent to make proceedings:

• Non-adversarial — not a formal court battle
• Accessible — close to where elderly people live
• Inexpensive — no court fees; no mandatory lawyer
• Fast — not burdened by court backlog

3.2 Section 8 — Who Can Apply

Application for maintenance may be made by:

1. The senior citizen or parent themselves
2. If unable to file due to mental/physical incapacity — by any other person authorised by the senior citizen/parent
3. The Tribunal itself may take cognisance suo motu (on its own) based on information received

Against whom: The application is made against:

• Children or grandchildren (if the applicant is a parent)
• Relatives (if the applicant is a childless senior citizen)
• Both children AND relatives in appropriate cases

3.3 Section 9 — Conciliation

Before proceeding with the application, the Maintenance Tribunal shall make efforts at conciliation — attempt to bring the parties to an amicable settlement.

If conciliation succeeds: The settlement is recorded and binding.
If conciliation fails: The Tribunal proceeds with the maintenance order.

3.4 Section 7(4) — Speedy Process

The Tribunal shall endeavour to complete the proceedings as far as possible within 90 days from date of service of notice on the children/relatives. The Tribunal may extend by a further period not exceeding 30 days for reasons recorded in writing.

Total maximum period: 120 days (90 + 30).

This is significantly faster than Section 125 CrPC/BNSS proceedings which often take years.

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