Enforcement Of Order Of Maintenance.
Code:
A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Judicial Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
Explanation: on Enforcement Of Order Of Maintenance
This section deals with the delivery and enforcement of maintenance orders.
Section 147 of the BNSS mandates that a copy of the order granting maintenance or interim maintenance and expenses of proceedings shall be provided free of cost to the beneficiary. This beneficiary could be the individual for whom the maintenance is granted, their guardian (if applicable), or the person designated to receive the maintenance payment.
Furthermore, the section empowers any Judicial Magistrate to enforce the order in any location. It can be where the individual against whom the order is made resides. The Magistrate must be satisfied with the identity of the parties involved. The magistrate must verify that the maintenance allowance or expenses have not been paid.
Illustration:
Imagine a woman, Ms. X, obtains a maintenance order against her husband, Mr. Y. Under Section 147, Ms. X will receive a free copy of the order. If Mr. Y fails to pay the maintenance, Ms. X can approach any Judicial Magistrate where Mr. Y lives. She can present proof of identity and non-payment. The Magistrate can then take action to enforce the order.
Common Questions and Answers: on Enforcement Of Order Of Maintenance
Q: Is there any fee charged for receiving a copy of the maintenance order?
A: No, Section 147 explicitly states that the copy of the order should be given without any payment.
Q: Can a Judicial Magistrate enforce the order if the individual against whom it is made is not residing in their jurisdiction?
A: No, the Magistrate can only enforce the order if the individual against whom it is made is present in their jurisdiction.
Q: What proof is required to satisfy the Magistrate about the identity of the parties and non-payment of maintenance?
A: The Magistrate might require the beneficiary to present documents like a valid ID proof, the original maintenance order, and evidence of non-payment (bank statements, etc.).
