Section 146 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Alteration In Allowance.

Code

This section deals with the modification, cancellation, or variation of maintenance orders made under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

• Alteration of Allowance:
  • Upon proof of a change in the circumstances of any person receiving or ordered to pay a monthly allowance for maintenance or interim maintenance under section 144 (whether for the benefit of their wife, child, father, or mother), the Magistrate may alter the allowance as he thinks fit.
• Effect of Civil Court Decisions:
  • If it appears to the Judicial Magistrate that a competent Civil Court has made a decision necessitating the cancellation or variation of an order under section 144, the Magistrate shall cancel or vary the order accordingly.
• Orders in Case of Divorce:
  • Where an order has been made under section 144 in favor of a woman who has been divorced by or has obtained a divorce from her husband, the Judicial Magistrate shall:
    • (a) Cancel the order if the woman has remarried after the date of the divorce, with effect from the date of her remarriage.
    • (b) Cancel the order if the woman has been divorced and has received the sum payable under any customary or personal law applicable to the parties:
      • (i) If the sum was paid before the order, cancel the order from the date it was made.
      • (ii) If the sum was paid after the order, cancel the order from the date the maintenance period ends.
    • (c) Cancel the order if the woman has obtained a divorce and voluntarily surrendered her rights to maintenance or interim maintenance after the divorce, with effect from the date of surrender.
• Civil Court Consideration:
  • When issuing a decree for the recovery of any maintenance or dowry by a person who has been granted a monthly allowance for maintenance or interim maintenance under section 144, the Civil Court shall consider the sum already paid or recovered under the Magistrate’s order for maintenance or interim maintenance.

Explanation: on Alteration In Allowance

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: on Alteration In Allowance

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?

1. 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.