Code
(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 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 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, after her divorce, 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.
Explanation:
Section 144(6) of the BNSS grants the Magistrate the power to modify maintenance orders in the following scenarios:
- Change in Circumstances: If there is a change in the financial circumstances of either the person receiving or paying maintenance, the Magistrate can alter the amount of maintenance.
- Civil Court Decision: A competent Civil Court makes a decision that affects the maintenance order. If so, the Magistrate is required to cancel or modify the order accordingly.
- Divorce and Remarriage: In cases of divorce, the Magistrate has the power to cancel the maintenance order under specific circumstances:
- Remarriage of the Woman: If the woman receiving maintenance remarries, the order is cancelled from the date of her remarriage.
- Full Divorce Settlement: If the woman has received the full amount of maintenance due to her under customary or personal law, the order is cancelled either from the date it was made or the date the final payment was received, depending on when the payment was made.
- Voluntary Surrender of Rights: A woman voluntarily relinquishes her right to maintenance after divorce. If so, the order is cancelled from the date of the surrender.
- Maintenance Already Paid: A Civil Court may grant a decree for maintenance or dowry. It must too consider any maintenance already paid under a Section 144 order.
Illustration
A woman obtains a maintenance order against her husband. Later, she remarries. The Magistrate, upon proof of her remarriage, can cancel the maintenance order under Section 144(6)(a).
Common Questions and Answers:
- Q: Can the Magistrate refuse to modify a maintenance order even if there is a change in circumstances?
A: The Magistrate has the discretion to modify the order if there is a change in circumstances. But they are not obligated to do so. They must consider the evidence and determine if the modification is justified.
- Q: How can a person receiving maintenance prove a change in their circumstances?
A: They can provide evidence such as salary slips, medical bills. They may be bank statements to show their income, expenses, or medical needs.
- Q: What happens if the woman receiving maintenance dies?
A: The maintenance order usually becomes null and void upon the death of the recipient.
- Q: Can a person who has already received maintenance through a Civil Court still apply for maintenance under Section 144?
A: Generally, a person cannot apply for maintenance under Section 144 if they have already received maintenance through a Civil Court. This is because the Civil Court order supersedes any prior orders. However, there may be exceptions depending on the specific circumstances.
