Introduction to Section 146 BNSS / Section 146 BNSS : Alteration or Cancellation of Maintenance
Section 146 BNSS talks about changes in the maintenance amount ordered by a Magistrate under Section 144. If someone’s life situation changes—for example, they lose their job, get remarried, or receive money from another court case—this section allows the court to increase, decrease, or cancel the monthly maintenance. It also protects both the person giving and receiving the maintenance.
What is BNSS Section 146 ?
BNSS Section 146 allows the court to change the maintenance amount if someone’s financial situation or personal life has changed. For example, if a woman who was receiving maintenance remarries, the court can cancel her maintenance. Or if the person paying maintenance gets a lower salary, the amount can be reduced. The court will also consider any decisions made by civil courts while updating or cancelling such orders.
BNSS Section of 146 in Simple Points
1. Magistrate Can Change the Maintenance Amount
Sometimes, the financial or personal condition of a person paying or receiving maintenance changes. For example, a person may lose their job, get a salary hike, fall seriously ill, or face other life changes. In such cases, Section 146 allows the Magistrate to change the amount of maintenance or interim maintenance. The change can be an increase or decrease, depending on what is fair in the situation. This ensures that the maintenance order remains practical and just for both parties.
2. Civil Court’s Decision Must Be Followed
If a civil court passes a decision that affects the earlier maintenance order (like a divorce settlement or property dispute), the Magistrate under BNSS Section 146 must either cancel or modify the maintenance order. This is to prevent confusion or conflict between court decisions. For example, if a civil court already awards a lump sum maintenance, then the monthly allowance ordered earlier can be stopped or changed accordingly.
3. Remarriage of a Woman Ends Maintenance
If a woman who was receiving maintenance gets remarried after the divorce, she is no longer entitled to receive maintenance from her former husband. Section 146 clearly says that in such a case, the Magistrate must cancel the maintenance order from the date of remarriage. This rule is to ensure that a person does not receive double support from two different people.
4. Maintenance Can Be Cancelled After Divorce Settlement
Sometimes, a woman receives a complete divorce settlement according to personal or customary laws. If she has received this full amount, the Magistrate has the power to cancel the monthly maintenance. If the full amount was paid before the maintenance order, it will be cancelled from the date of the order. If it was paid afterward, then the allowance stops from the date the paid period ends. This helps prevent misuse of the law and double benefits.
5. Civil Court Will Adjust If Maintenance Is Already Paid
If someone who is receiving monthly maintenance files a new case in a civil court for more support (like for maintenance or dowry), then the court must deduct the amount already received under Section 144. This avoids double recovery of money and ensures that the final judgment is fair. It makes sure that the person gets the right amount, not more or less than they actually deserve.
Section 146 of BNSS Overview
BNSS Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with changes or cancellation in maintenance orders issued under Section 144. This section empowers the Magistrate to alter, increase, reduce, or cancel maintenance or interim maintenance based on changes in the situation of the person receiving or paying the allowance. It also ensures that civil court decisions and personal life changes (like remarriage or divorce settlement) are respected in maintenance matters.
BNSS Section 146 – 10 Key Points
1. Change in Life Situation Allows Maintenance Alteration
If the person receiving or paying maintenance under BNSS Section 144 goes through any change in their life—like a new job, job loss, illness, or increase in income—the Magistrate has the power to change the monthly maintenance amount. This change ensures fairness depending on current life circumstances. For example, if the paying person becomes unemployed, the court can reduce the amount. Similarly, if the financial condition improves, the court can increase the maintenance. This change applies to both regular and interim maintenance. The goal is to balance support with realistic capability.
2. Court Can Increase or Decrease Maintenance
BNSS Section 146 gives the Magistrate the power to either increase or decrease the maintenance amount. This depends on the proof shown by either party about changes in income, expenses, or responsibilities. If the receiver’s need increases due to health or child care, the amount can go up. If the payer has more financial stress, the amount can be reduced. The decision is made only after proper proof is shown to the court. The court will ensure that no party is unfairly burdened or neglected.
3. Civil Court Decision Must Be Followed
If a civil court gives a judgment that affects a maintenance order passed under Section 144, the Magistrate must change or cancel the order as per that decision. BNSS Section 146(2) makes it compulsory to follow such decisions. For example, if a civil court settles a divorce case and grants a one-time settlement, the Magistrate must cancel the monthly maintenance. This avoids duplicate payments and confusion. It ensures legal consistency between criminal and civil courts.
4. Remarriage of Woman Ends Maintenance
BNSS Section 146(3)(a) clearly says that if a woman who receives maintenance remarries, then the maintenance must stop from the date of her remarriage. This is because the responsibility of her care is now with her new husband. The court needs proof of remarriage, and once satisfied, the Magistrate will cancel the old maintenance order. This rule prevents unnecessary payments and ensures that the legal system stays practical and fair.
5. If Full Divorce Settlement Received, Maintenance Ends
According to BNSS Section 146(3)(b), if the woman has already received the full money she is entitled to under personal or religious laws—like Mehr in Muslim law—then her regular maintenance order can be cancelled. This avoids double financial support for the same issue. If the amount was paid before the Magistrate’s order, the cancellation is from the start date. If it was paid after the order, it ends from when the husband last paid. This ensures fairness for the husband too.
6. Voluntary Surrender of Maintenance Rights Ends Order
Sometimes, after divorce, a woman may choose to voluntarily give up her right to receive maintenance. BNSS Section 146(3)(c) says if the court is satisfied that she gave up this right on her own, then the Magistrate can cancel the maintenance from that date. The surrender must be clearly proved in court and should not be forced. This helps avoid confusion later and respects the individual’s decision.
7. No Double Recovery of Maintenance
BNSS Section 146(4) prevents a person from collecting maintenance twice for the same period. If someone files a maintenance or dowry recovery case in a civil court, the court must check how much money has already been received under Section 144. This amount must be deducted from the civil court’s final award. This key point promotes justice and avoids unfair financial gain by one party.
8. Proof is Essential for Alteration
Maintenance alteration under BNSS 146 is not automatic. The person who wants to increase, decrease, or cancel the maintenance must give proper proof. This includes documents like salary slips, medical reports, remarriage certificate, court decisions, or bank statements. The Magistrate will examine the evidence before making a decision. This ensures transparency and prevents misuse of the law.
9. Court Balances Both Sides’ Needs
While changing maintenance, the court doesn’t only consider the payer’s financial condition but also looks at the needs of the receiver. For example, a child’s school fees, a sick parent’s medical costs, or a woman’s inability to earn may require continued or increased support. At the same time, the court also makes sure the person paying is not burdened unfairly. This balance is a key goal of BNSS Section 146.
10. Helps in Keeping Maintenance Orders Relevant
Life doesn’t stay the same. BNSS 146 keeps maintenance orders up to date with the changing lives of people. It prevents outdated orders from continuing for years even when they don’t match reality. By allowing changes in the order, the court ensures practical support based on today’s conditions. It also reduces unnecessary litigation and helps settle financial support matters peacefully.
Examples of BNSS Section 146
- Remarriage Case:
A woman receiving maintenance under Section 144 remarries. As per BNSS 146(3)(a), the Magistrate cancels her maintenance from the date of remarriage. - Civil Court Decision:
A civil court passes a judgment that settles the financial issue between a husband and wife. The Magistrate then varies the earlier maintenance order as per BNSS 146(2).
Section 146 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Change in Circumstances | If life conditions of either person change, maintenance amount can be altered. |
| 2. Civil Court Decision | Magistrate must follow civil court rulings if they affect maintenance orders. |
| 3. Remarriage of Woman | If the woman remarries, her maintenance order will be cancelled from that date. |
| 4. Settlement Under Personal Law | If the woman has already received money under personal/customary law, order can be cancelled. |
| 5. Duplicate Recovery Check | Civil court must consider already paid maintenance before passing a new order. |
Why is BNSS 146 Needed?
BNSS 146 is important because it brings flexibility and fairness. Life situations change – people may remarry, get better or worse jobs, or settle issues in civil courts. This section ensures that the maintenance amount is fair according to present conditions. It protects both the person receiving and the person paying the allowance, avoiding misuse and ensuring justice.
BNSS Section 146 FAQs
BNSS 146
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