Bharatiya Nagarik Suraksha Sanhita, 2023
Section 147
Enforcement of order of maintenance
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 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. A.—Unlawful assemblies
Why this exists
Maintenance orders (for wives, children, or parents unable to support themselves) are meaningless if they cannot be enforced when the paying person moves or hides in another jurisdiction. This provision, carried forward from Section 128 of the old Code of Criminal Procedure, ensures that the beneficiary gets a free certified copy of the order and that enforcement is not limited to the court that passed it — any magistrate wherever the defaulter is found can act, preventing defaulters from evading payment simply by relocating.
How courts read it
Courts have consistently held that the free supply of the order copy is not a mere formality but a practical necessity, since indigent maintenance-holders often cannot afford court fees. Judicial interpretation under the earlier Section 128 CrPC emphasized that the enforcing magistrate need only satisfy identity and non-payment — the merits of the original maintenance order cannot be reopened at the enforcement stage, keeping the process swift and protecting the beneficiary from prolonged litigation over the same issue.
Common misconceptions
- Myth: You need to file a whole new case if the defaulter moves to another city.
Fact: The same maintenance order can be enforced by any magistrate wherever the defaulter is found; a fresh case isn't required. - Myth: The recipient has to pay court fees to get a copy of the maintenance order.
Fact: The law specifically requires that this copy be given free of charge. - Myth: The enforcing magistrate can re-examine whether maintenance should have been granted at all.
Fact: The enforcing magistrate's role is limited to confirming identity and non-payment, not reopening the original decision.