Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 145: Procedure
(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.
(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 pleader, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Judicial Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully 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.
Brefe Detail
Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for initiating maintenance proceedings under Section 144. It specifies the jurisdictions where such proceedings can take place, the evidential requirements during hearings, and the court's authority to manage costs associated with applications.
Question & Answers
Where can proceedings under Section 144 be initiated?
Proceedings can be taken in any district where the person is, where he or his wife resides, or where he last resided with his wife or the mother of the illegitimate child.
How should evidence be recorded in maintenance proceedings?
Evidence must be taken in the presence of the person against whom the order is proposed or, if their attendance is dispensed with, in the presence of their pleader, recorded as prescribed for summons-cases.
What happens if a person is avoiding service or neglecting to attend court?
The Magistrate may proceed to hear the case ex parte, and any order made can be set aside within three months for good cause shown.
Does the court have the authority to order costs in these proceedings?
Yes, the court has the power to make orders regarding costs in applications under Section 144.
Example
- A maintenance proceeding can be initiated in the district where the husband currently resides or where his wife resides if he is avoiding attendance in court.
- If a person is absent from the hearing and is found to be willfully neglecting court appearances, the Magistrate can decide the case in their absence.
- The court may impose costs on either party based on the circumstances surrounding the application under Section 144.
Summary
Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for conducting maintenance proceedings under Section 144. It clarifies where these proceedings can occur, how evidence should be handled, and the court's ability to impose costs, ensuring that the rights of both parties are considered during the process.
