145. Procedure
(1) Proceedings under section 144 may be taken against any person in any districtโ
(a) where he is; or
(b) where he or his wife resides; or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or
(d) where his father or mother resides.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.
Note: Now any child (not just minor) can initiate maintenance proceedings in the district where his father or mother resides…
BNSS Sec 144 is here. BNSS Sec 146 is here. BNSS Sec 147 is here.
Entire Sanhita available here.
Shades of Knife
Disclaimer:
The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
AnaghaLegalReliefs.in !!! (work-in-progress)
We are on social media too.
Just google for: Anagha Legal Reliefs
