Procedure
AI Assist
Summary
Maintenance proceedings may be started in any district where the person is, or where his wife, his parents, or where he last lived with his wife (or the mother of an illegitimate child) reside. Evidence must be taken in the presence of the person or, if his personal attendance is dispensed with, in the presence of his advocate, and recorded as in summons-cases. If the Magistrate finds wilful avoidance of service or attendance, the Magistrate may decide the case ex parte; that order can be set aside for good cause within three months, subject to such terms and costs. The Court may also make such costs orders as it thinks just.
Example
Priya files for maintenance against Arjun. Arjun lives in Mumbai but his parents live in Pune, so Priya can start proceedings in either district. The Magistrate will record evidence in Arjun's presence or through his advocate. If Arjun wilfully avoids service, the Magistrate may hear the case ex parte; Arjun can apply within three months to set that order aside on good cause, possibly on payment of costs.
Bare Act
Enacted text(1) Proceedings under section 144 may be taken against any person in any district-
-
(a) where he is; or
-
(b) where he or his wife resides; or
-
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or
-
(d) where his father or mother resides.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.
Previous year papers
Pick your exam. we'll email the most recent paper.