(1) Proceedings under section 144 may be taken against any person in any district— (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 willfully 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.
Bharatiya Nagarik Suraksha Sanhita
Section 145
Procedure
⚡ Quick Answer Reference: Section 145 BNSS
- Provision: Section 145 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
- Jurisdiction: India
- Summary: This section explains how to take proceedings against someone who needs to pay maintenance. Proceedings can be taken in any district where the person lives, where their wife lives, or where their child lives. The court will record evidence in the person's presence or their lawyer's presence. If the person is avoiding the court, the judge can make a decision without them.
What does Section 145 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 145 of BNSS mean?
Plain English Explanation
This section explains how to take proceedings against someone who needs to pay maintenance. Proceedings can be taken in any district where the person lives, where their wife lives, or where their child lives. The court will record evidence in the person's presence or their lawyer's presence. If the person is avoiding the court, the judge can make a decision without them.
Practical Interpretation
In practice, this section means that the court can take proceedings against someone who needs to pay maintenance in any district where they have a connection. The court will follow a specific procedure to record evidence and make a decision. If the person is avoiding the court, the judge can make a decision without them, but they can appeal later.
Core Legal Purpose
The core purpose of this section is to provide a procedure for taking proceedings against someone who needs to pay maintenance. The section aims to ensure that the court can make a fair decision based on evidence, while also protecting the rights of the person who needs to pay maintenance.
- •Proceedings can be taken in any district where the person lives.
- •Proceedings can be taken in any district where the person's wife lives.
- •Proceedings can be taken in any district where the person's child lives.
- •The court will record evidence in the person's presence or their lawyer's presence.
Practical Example of Section 145 BNSS
Rajesh and Priya were married but separated. Priya had a child with Rajesh, but he was not paying maintenance. Priya applied for proceedings under Section 144 of BNSS in the district where Rajesh lived. The court recorded evidence in Rajesh's presence and made an order for him to pay maintenance. Rajesh was avoiding the court, but the judge made a decision without him. Rajesh can appeal the decision later.
Frequently Asked Questions about Section 145 BNSS
Q: What is the punishment or consequence under Section 145 of BNSS?
There is no punishment or consequence under Section 145 of BNSS. This section only provides a procedure for taking proceedings against someone who needs to pay maintenance. The consequence of not paying maintenance is that the court can make an order for the person to pay a certain amount of money each month.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals. It is a civil procedure for taking proceedings against someone who needs to pay maintenance.
Q: Is an offence under this section bailable or cognizable?
This section is a civil procedure and not a criminal offence. Therefore, it is not bailable or cognizable.
Common Questions about Section 145 BNSS
What is Section 145 of BNSS?
Section 145 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure". In plain terms: This section explains how to take proceedings against someone who needs to pay maintenance. Proceedings can be taken in any district where the person lives, where their wife lives, or where their child lives. The court will record evidence in the person's presence or their lawyer's presence. If the person is avoiding the court, the judge can make a decision without them.
What is the punishment under Section 145 of BNSS?
Section 145 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 145 of BNSS bailable or non-bailable?
Whether Section 145 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 145 of BNSS?
The essential elements of Section 145 of BNSS are: Proceedings can be taken in any district where the person lives.; Proceedings can be taken in any district where the person's wife lives.; Proceedings can be taken in any district where the person's child lives..
Landmark Judgments under Section 145 BNSS
Sections commonly cited alongside Section 145
Ask Nyaya AI About Section 145
Select a pre-configured prompt to run this section through the grounded research engine.