Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 147: Enforcement of Order of Maintenance
A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Judicial Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
Brefe Detail
Section 147 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the enforcement mechanisms for maintenance orders. It specifies that copies of maintenance orders must be provided without charge to the entitled person and that Judicial Magistrates have the authority to enforce these orders in various jurisdictions upon confirming the parties' identities and any non-payment.
Question & Answers
Who receives a copy of the maintenance order?
A copy of the order is given without payment to the person in whose favour it is made, or to their guardian, or to the person entitled to receive the allowance.
How can a maintenance order be enforced?
The order may be enforced by any Judicial Magistrate where the person against whom it is made is located, provided the Magistrate is satisfied with the identity of the parties and the non-payment of the allowance or expenses due.
Is there a charge for receiving the copy of the maintenance order?
No, the copy of the order is provided without payment.
What must a Judicial Magistrate verify before enforcing a maintenance order?
The Magistrate must verify the identity of the parties and confirm that the allowance or expenses have not been paid.
Example
- If a woman is awarded a maintenance order, she will receive a copy without any charge. If her husband fails to pay the amount due, she can seek enforcement through a Judicial Magistrate in her area.
- A Judicial Magistrate in one district can enforce a maintenance order issued in another district, as long as the parties' identities are confirmed and non-payment is established.
- If a guardian receives the maintenance order on behalf of a minor, the same enforcement rights apply if the allowance is not paid.
Summary
Section 147 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for enforcing maintenance orders. It ensures that the entitled individuals receive their orders without charge and grants Judicial Magistrates the authority to enforce these orders across jurisdictions, ensuring compliance with the maintenance obligations.
