Section 146 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 146 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the alteration of maintenance allowances previously ordered under Section 144. This provision allows for modifications based on changes in circumstances, decisions by competent Civil Courts, or specific situations concerning divorced women.
📜 Text of Section 146
Alteration Due to Change in Circumstances:
If there is proof of a change in the circumstances of any person receiving or ordered to pay a monthly allowance for maintenance or interim maintenance under Section 144, the Magistrate may alter the allowance as deemed appropriate. (indiankanoon.org)
Impact of Civil Court Decisions:
If a competent Civil Court's decision indicates that an order made under Section 144 should be canceled or varied, the Magistrate shall cancel or vary the order accordingly. (indiankanoon.org)
Provisions Concerning Divorced Women:
In cases where an order under Section 144 has been made in favor of a woman who has been divorced:
Remarriage: If the woman has remarried after the divorce, the Magistrate shall cancel the order from the date of her remarriage.
Receipt of Divorce Sum: If the woman has received the full sum payable under any applicable customary or personal law, the Magistrate shall cancel the order:
From the date the order was made if the sum was paid before the order.
From the date of expiry of the period for which maintenance has been paid if the sum was paid after the order.
Voluntary Surrender of Rights: If the woman has voluntarily surrendered her rights to maintenance or interim maintenance after the divorce, the Magistrate shall cancel the order from the date of surrender. (legalbites.in, indiankanoon.org)
Consideration in Civil Court Decrees:
When a Civil Court makes a decree for the recovery of maintenance or dowry by a person to whom a monthly allowance has been ordered under Section 144, the Civil Court shall consider the sum already paid or recovered as monthly allowance in pursuance of the said order. (indiankanoon.org)
⚖️ Legal Implications
Flexibility in Maintenance Orders: Section 146 provides a mechanism to adjust maintenance allowances in response to changing circumstances, ensuring that the financial support remains fair and relevant to the current situation.
Incorporation of Civil Court Decisions: The provision acknowledges the authority of Civil Courts, ensuring that their decisions are respected and reflected in maintenance orders.
Protection for Divorced Women: Specific provisions are made to address the rights of divorced women, ensuring that maintenance orders are appropriately modified or canceled based on their personal circumstances.
📌 Example Scenario
Scenario: A woman receives a monthly maintenance allowance under Section 144 following her divorce. Several years later, she remarries.
Application of Section 146:
Change in Circumstances: The woman's remarriage constitutes a change in circumstances.
Action by Magistrate: Upon being informed of the remarriage, the Magistrate may cancel the maintenance order from the date of her remarriage, as per Section 146(3)(a).
Outcome: The woman is no longer entitled to the maintenance allowance, aligning with the provisions of Section 146.
RELATED Blog
0 comments