(1) The application under section 5 may be filed against any children or relative in any district—
(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 process for procuring the appearance 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 the first class as provided under the Code of Criminal Procedure, 1973 (2 of 1974).
(4) All evidence to such children or relative 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 against whom an order for payment of maintenance is sought to be made resides in a foreign country, the process shall be issued by the Tribunal and shall be served in the manner as may be directed by the Central Government or the High Court.
(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.
Legal Commentary & Landmark Judgments: Section 6
Section 6 establishes the territorial jurisdiction and summary procedure of the Maintenance Tribunal, providing nationwide jurisdiction at the senior citizen's residence and enabling conciliation officers.
File the maintenance or eviction application before the Sub-Divisional Magistrate (Tribunal) in whose jurisdiction the senior citizen currently lives. Service on children residing anywhere in India or abroad is enforceable under Section 6.