Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 146: Alteration in Allowance
(1) On proof of a change in the circumstances of any person, receiving, under section 144, a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father, or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.
(2) Where it appears to the Judicial Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Judicial Magistrate shall, if he is satisfied that—
- (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
- (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order—
- (i) in the case where such sum was paid before such order, from the date on which such order was made;
- (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;
- (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.
Brefe Detail
Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides provisions for altering maintenance allowances based on changes in circumstances. It also outlines conditions under which maintenance orders can be canceled or varied, particularly in cases involving divorce and remarriage.
Question & Answers
What can trigger an alteration in the maintenance allowance?
A change in the circumstances of the person receiving or paying the allowance can trigger an alteration.
What happens if a competent Civil Court makes a decision affecting an order under Section 144?
The Judicial Magistrate shall cancel or vary the order accordingly.
Under what conditions can a maintenance order for a divorced woman be canceled?
The order can be canceled if:
- (a) The woman has remarried.
- (b) She has received the full sum payable under customary or personal law on divorce.
- (c) She voluntarily surrendered her rights to maintenance after divorce.
How does a Civil Court handle maintenance claims when a monthly allowance has been ordered?
The Civil Court will take into account the amounts paid or recovered as monthly allowance when making a decree for recovery of maintenance or dowry.
Example
- If a man’s financial situation improves, he may request a decrease in the maintenance allowance he pays under Section 144.
- A divorced woman who remarries will have her maintenance order canceled from the date of her remarriage.
- If a divorced woman has received a lump sum as per customary law, her maintenance order can be canceled retroactively based on the payment date.
Summary
Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes guidelines for altering maintenance allowances due to changes in circumstances. It outlines conditions for canceling maintenance orders related to divorce, ensuring that the legal framework adapts to individual situations while considering previous payments made under maintenance orders.
