Introduction
Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure for applications seeking maintenance under Section 144. It determines the court having jurisdiction, the manner in which proceedings are conducted, the power to grant interim maintenance, and the circumstances in which proceedings may continue even if the respondent deliberately avoids appearing before the court.
The provision ensures that maintenance claims are decided through a summary, speedy, and welfare-oriented procedure, thereby protecting wives, children, and parents from prolonged financial hardship.
Meaning of Procedure under Section 145
Section 145 does not create the right to maintenance; that right arises under Section 144 BNSS. Instead, it prescribes how a maintenance application is filed, heard, and decided by the Magistrate.
Its primary objective is to provide an accessible and expeditious remedy without requiring lengthy civil litigation.
Object and Purpose
The procedural framework seeks to:
- provide speedy relief to dependent family members;
- reduce procedural complexity through summary proceedings;
- prevent delay by an unwilling respondent;
- ensure fair hearing while protecting vulnerable claimants.
Jurisdiction of the Magistrate
A proceeding under Section 145 may be instituted before a Judicial Magistrate in any of the following places:
- where the respondent resides;
- where the wife or other claimant resides; or
- where the respondent last resided with the wife, in the case of a maintenance claim by the wife.
This flexible jurisdiction enables dependants to approach a convenient court and reduces hardship in seeking maintenance.
Essential Features of the Procedure
1. Filing of Application
The wife, child, or parent entitled under Section 144 may present an application before the competent Judicial Magistrate.
2. Issue of Notice
The Magistrate issues notice to the respondent and provides an opportunity to appear and contest the claim.
3. Summary Inquiry
The Magistrate conducts a summary inquiry, examining evidence relating to:
- relationship between the parties;
- financial means of the respondent;
- neglect or refusal to maintain; and
- inability of the claimant to maintain himself or herself.
The proceeding is intended to be quicker than an ordinary civil trial.
4. Interim Maintenance
During the pendency of the proceedings, the Magistrate may grant interim maintenance and reasonable litigation expenses where circumstances justify immediate financial assistance.
5. Final Order
After considering the evidence, the Magistrate may grant or refuse maintenance and determine the appropriate monthly amount.
Ex Parte Proceedings
If the Magistrate is satisfied that the respondent is wilfully avoiding service of notice or is deliberately neglecting to attend the court, the proceedings may continue ex parte.
However, an ex parte order may be set aside if the respondent establishes good cause for non-appearance within the period prescribed by law.
Powers of the Magistrate
The Magistrate may:
- entertain the maintenance application;
- determine territorial jurisdiction;
- record evidence in a summary manner;
- grant interim maintenance;
- proceed ex parte where legally justified;
- pass a final maintenance order.
Rights of the Parties
Rights of the Claimant
The claimant has the right to:
- institute proceedings before the appropriate Magistrate;
- seek interim maintenance;
- produce documentary and oral evidence;
- obtain a reasoned order.
Rights of the Respondent
The respondent has the right to:
- receive notice of the proceedings;
- contest the claim;
- present evidence regarding income or other relevant facts;
- seek setting aside of an ex parte order upon showing sufficient cause.
Summary Nature of Proceedings
Maintenance proceedings under Section 145 are summary proceedings, meaning that the Magistrate follows a simplified procedure focused on providing prompt relief rather than deciding complex matrimonial or property disputes.
Questions relating to divorce, title to property, or matrimonial status beyond the statutory requirements are ordinarily outside the scope of these proceedings.
Relationship with BNS and BSA
- Bharatiya Nyaya Sanhita, 2023 (BNS): Does not govern maintenance proceedings.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Provides the procedural mechanism for adjudicating maintenance claims.
- Bharatiya Sakshya Adhiniyam, 2023 (BSA): Applies to the appreciation of evidence produced during the inquiry.
Important Case Laws
Bhuwan Mohan Singh v. Meena (2015)
The Supreme Court emphasized that maintenance proceedings should be decided without undue delay, as the object of the law is to secure the dignity and financial survival of the dependent spouse.
Chaturbhuj v. Sita Bai (2008)
The Court held that the purpose of maintenance provisions is to prevent destitution, and the expression “unable to maintain herself” must receive a liberal interpretation in favour of genuine dependants.
These decisions were rendered under the CrPC but remain relevant because the BNSS provisions are substantially similar.
Constitutional Connection
Section 145 advances the constitutional guarantee of Article 21, ensuring access to a fair and effective legal process for securing livelihood and dignity. It also supports the welfare objectives reflected in Articles 14 and 15(3) by facilitating protection of women, children, and elderly parents.
Common Confusions
Can a wife file the application where she presently resides?
Yes. Section 145 permits institution of proceedings where the wife resides, making the remedy more accessible.
Can the Magistrate decide the case if the husband repeatedly avoids appearing?
Yes. The Magistrate may proceed ex parte when satisfied that the respondent is wilfully avoiding service or attendance.
Is the proceeding a regular criminal trial?
No. It is a summary maintenance proceeding, not a prosecution for a criminal offence.
Illustrative Example
A woman residing in Chennai is neglected by her husband, who lives in Coimbatore. She may file a maintenance application before the Magistrate in Chennai. If the husband deliberately avoids appearing despite proper notice, the Magistrate may proceed ex parte and decide the claim.
ALSO READ: Section 144 – Order for maintenance of wives, children and parents
Quick Revision
- Section 145 BNSS prescribes the procedure for maintenance under Section 144.
- Proceedings may be filed where the respondent resides, where the claimant resides, or where the spouses last resided together.
- The Magistrate conducts a summary inquiry.
- Interim maintenance and litigation expenses may be awarded.
- Ex parte orders are permissible against respondents who deliberately avoid proceedings.
- The provision substantially corresponds to Section 126 CrPC.
Conclusion
Section 145 of the BNSS, 2023 provides the procedural foundation for effective maintenance proceedings by combining flexible jurisdiction, summary adjudication, interim financial relief, and safeguards for both parties. It ensures that the substantive right to maintenance under Section 144 is capable of being enforced through a prompt and accessible judicial process.
