C o u r t N . 2 2 S l 1 5 1 / C L 24.07.26 D/L Sl-02 Ct.07 (Samar) CO 2382 of 2026 Sri Amit Mondal Vs. The Sub-Divisional Officer and Presiding Officer Maintenance Tribunal & Ors. Mr. S.T Mina, Ms. B. Khutun, Mr. Md. Kushif Alum, … for the petitioner. 1. This revisional application assails an order dated November 25, 2024 passed in a proceeding under Section 5(3) read with Section 6 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 filed before the Maintenance Tribunal. The petitioner also challenges the maintainability of such proceedings before the tribunal. 2. Mr. Mina, learned advocate appearing for the petitioner submits that the proceeding is not maintainable inasmuch as, the petitioner’s mother i.e. the opposite party no. 3 is the proprietor of a business of supply of industrial gas named and styled as ‘Aruna Gas’. 3. It is submitted that since the opposite party no. 3 owns a business therefore the respondent no. 3 cannot be said to be unable the maintain herself. 4. A question of maintainability of a proceeding should at the first instance be raised before the Tribunal whereat the proceeding has been instituted. The 2 notice dated November 25, 2024 impugned in the present revisional application indicates that the petitioner has been called upon to appear before the Tribunal for the purpose of stating his case. 5. In such view of the matter, this revisional application is disposed of leaving the petitioner free to take all points including the point of maintainability of the proceeding before the Tribunal. 6. In case such a point is raised, the tribunal shall decide such point and pass appropriate orders in accordance with law, upon hearing both the parties. 7. Needless to mention that the petitioner will be entitled to produce all documents in support of the petitioner’s case including the point of maintainability and nothing in this order shall preclude the parties to explore the mediation route so that the disputes between them can be resolved amicably. 8. With the above observations, CO 2382 of 2026 stands disposed of. There shall be no order as to costs. 9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)