BNSS Section 146 - Alteration in
allowance.
Description of BNSS Section 146 - Alteration in
allowance.
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(1) On proof of a change in the circumstances of any person receiving, under section 144, a monthly allowance for maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for 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 maintenance or interim maintenance.
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(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 vary the same accordingly.
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(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—
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(a) The woman has, after the date of such divorce, remarried; cancel such order as from the date of her remarriage.
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(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.
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(c) The woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance after her divorce; cancel the order from the date thereof.
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(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 maintenance and interim maintenance 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 maintenance and interim maintenance in pursuance of the said order.
| Offence |
Conspiring to commit certain offences
against the State. |
| Punishment |
Imprisonment for life, or
imprisonment for 10 years
and fine. |
| Cognizance |
Cognizable |
| Bail |
Nonbailable. |
| Triable |
Court of
Session. |
