Introduction to Section 145 BNSS / Maintenance Case Procedure
Section 145 BNSS talks about the legal procedure that must be followed during maintenance cases under Section 144. It guides the courts and parties about where the case can be filed, how evidence should be recorded, and what happens if someone does not appear in court. This section ensures the legal process is fair, especially in cases involving family maintenance.
What is BNSS Section 145 ?
BNSS 145 is a procedural section that supports Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It clearly defines the rules for starting maintenance proceedings, such as the jurisdiction (location), the requirement of presence of the person in court or their lawyer, and the power of the court to pass an ex parte order if the person avoids the process. It also allows the court to order the payment of legal costs. This helps in providing speedy justice in maintenance cases.
BNSS Section of 145 in Simple Points
1. Where You Can File a Maintenance Case
A maintenance case under BNSS Section 144 can be filed in different places for convenience. You can file it in the district:
- where the person lives now,
- where his wife lives,
- where he last lived with his wife or the mother of his child,
- or where his parents live.
This rule helps the affected person file the case easily without unnecessary travel or delay.
2. Evidence Must Be Taken in Person or Through a Lawyer
In maintenance cases, the evidence must be taken in front of the person responsible or their lawyer. If the person can’t attend, the court allows their advocate to be present. This keeps the process fair and transparent. Everyone gets a chance to speak and defend themselves
3. Court Can Decide Case Without the Person (Ex Parte)
If the person against whom the case is filed avoids attending court or refuses to accept court notice, the Magistrate can hear the case without them. This is called an ex parte order. But the person can apply within 3 months to cancel the order by giving a good reason. This keeps the balance between fairness and justice.
4. Magistrate Can Ask to Pay Legal Costs
The court can also decide who should pay for the case costs. If the person clearly neglected their duty, the Magistrate may ask them to pay the other person’s expenses. This helps the affected party who may not have money to fight the case and stops others from misusing the law.
5. The Law Supports Easy & Speedy Justice
BNSS Section 145 is made to help those who are suffering and need financial help from family. It allows filing the case in several places, reduces delay, and gives the court power to decide quickly. The law also makes sure both parties get a chance to speak, and fair orders are passed without wasting time.
Section 145 of BNSS Overview
BNSS Section 145 explains the procedure for how cases are handled under Section 144 related to maintenance orders. It tells us where a person can be summoned, how evidence must be recorded, and what happens if someone avoids coming to court. This section helps ensure that maintenance cases are handled fairly and that no one can delay justice by avoiding the legal process.
BNSS Section 145: 10 Key Points
1. Jurisdiction Based on Person’s Location
BNSS Section 145 explains that a maintenance case under Section 144 can be filed in the district where the person responsible for maintenance currently lives. This ensures that legal action can be taken based on the physical location of the individual, even if they have moved from their earlier residence. It makes it easier for the dependent person to seek support. This rule avoids delay in justice. The law recognizes practical challenges people face while filing maintenance cases. So, it’s flexible in selecting the filing district.
2. Jurisdiction Where Wife Lives
The section also allows filing the case in the district where the wife lives. This provision is especially helpful for women who may have returned to their parental homes due to neglect or abuse. It makes the legal process easier for deserted or abandoned wives. The law prioritizes the convenience of the aggrieved party. By doing so, it ensures protection and access to justice for those in need. This step upholds fairness in family-related cases.
3. Jurisdiction Based on Last Residence Together
If the person and his wife (or mother of his illegitimate child) last lived together in a certain district, then a case can also be filed there. This takes into account their past cohabitation. It helps trace responsibility and support claims based on previous relationships. This is important in cases where a husband leaves without formally divorcing. The law recognizes the importance of past family bonds. It ensures the dependent is not left without support.
4. Jurisdiction Where Parents Live
The section even includes the place where the person’s father or mother resides as a valid place to file the case. This gives elderly parents legal strength to seek support from children. It prevents accused persons from escaping legal responsibility by shifting locations. Parents do not need to chase their children around the country. They can file from their place of residence. This shows that the law respects and safeguards elderly citizens’ rights.
5. Evidence Must Be Recorded in Presence
BNSS 145 requires that all evidence in a maintenance case must be recorded in the presence of the person accused or their advocate. This ensures transparency and fairness. It prevents one-sided decisions without the accused’s knowledge. If personal appearance is not possible, a lawyer can represent them. The rule protects both parties’ rights. Proper recording of evidence helps the court reach a fair conclusion.
6. Ex Parte Decision in Case of Avoidance
If the person against whom the order is proposed deliberately avoids attending court, the Magistrate can hear the case without them—called “ex parte.” This ensures that people can’t delay justice by avoiding court. It also discourages intentional negligence in legal proceedings. The court can still give a judgment based on available evidence. However, fairness is maintained because such a decision can be reversed later if valid reasons are shown. The deadline for this is 3 months.
7. Application to Set Aside Ex Parte Order
If an ex parte order is passed, the person can apply within three months to cancel it. They must show valid reasons why they missed court. The Magistrate will consider their application fairly. However, the judge may also impose conditions, such as paying the opposite party’s costs. This ensures that false excuses are discouraged. The balance between justice and fairness is maintained through this procedure.
8. Advocate’s Role Recognized
Even if the person is not physically present in court, their lawyer can attend the proceedings. This avoids unnecessary delays. It respects the legal right of representation. This point ensures the person accused still has a chance to present their side of the story. The system remains fair and accessible. It also helps in smooth case progress. Legal procedures are designed to maintain flow and avoid unnecessary adjournments.
9. Magistrate’s Power to Award Costs
BNSS Section 145 also gives the Magistrate the power to decide who should bear the cost of the case. If the person responsible for maintenance has clearly neglected their duty, they might be asked to pay the legal expenses of the other side. This discourages irresponsible behavior and false claims. It also helps the weaker party in covering the expenses of the legal process. Fair cost decisions support justice for all.
10. Speedy & Flexible Legal Process
This section makes the legal process easier and faster by allowing filing in multiple relevant districts. It also simplifies evidence handling and avoids delays. The provision to pass ex parte orders avoids misuse of court time. Also, the chance to reverse decisions ensures fairness. In totality, BNSS Section 145 supports a just, balanced, and practical process for handling maintenance claims under Section 144. It aims for speedy and fair relief for genuine claimants.
Example 1:
A woman files a maintenance case against her husband. The man currently stays in Delhi, but the woman lives in Lucknow. According to BNSS 145(1), she can legally file the case in Lucknow, where she resides.
Example 2:
In a maintenance case, the man avoids court notices and doesn’t appear. As per BNSS 145(2), the Magistrate hears the case ex parte and passes an order. After two months, the man returns and gives a valid reason for not attending. The court sets aside the order after asking him to pay the legal costs of the woman.
Section 145 of BNSS Short Information
| Key Point | Explanation (Short & Simple) |
|---|---|
| Jurisdiction of Case | The case can be filed where the person lives, or where their wife or parents reside. |
| Presence Requirement | The person must be present in court or be represented by their lawyer during the hearing. |
| Recording of Evidence | All evidence is recorded as per summons-case procedures to maintain fairness. |
| Ex Parte Proceedings | If the person avoids court intentionally, the Magistrate can decide the case without their side. |
| Court Power on Costs | The court can order either side to pay the legal costs depending on the case situation. |
Why is BNSS Section 145 needed?
BNSS Section 145 is needed to make sure that maintenance cases—especially those related to supporting a wife, children, or parents—are handled fairly and properly in court. When someone is legally required to provide financial support to their family but fails to do so, the law must step in to help those affected.
This section clearly explains where the case can be filed, like in the place the person lives or where their family lives. It also ensures that evidence is recorded properly, and the person accused gets a fair chance to attend court or be represented by a lawyer.
If someone intentionally avoids going to court, the law allows the magistrate to make a decision without waiting for them (ex parte). This ensures that the person needing help does not suffer delays. Also, the court can ask either side to pay the legal costs, which helps balance the burden.
In short, BNSS Section 145 is needed to protect the rights of family members who are financially dependent, and to ensure the person responsible for their support cannot escape the process by ignoring court.
BNSS Section 145 FAQs
BNSS 145
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