Section 145 of BNSS : Section 145: Procedure.

Explanation using Example

Example 1:

Ravi and Priya were married and lived together in Mumbai. After a few years, Ravi moved to Delhi for work, while Priya stayed back in Mumbai. Due to financial difficulties, Priya filed for maintenance under Section 145 of the Bharatiya Nagarik Suraksha Sanhita 2023. The proceedings could be initiated in Mumbai where Priya resides, even though Ravi is currently in Delhi. During the proceedings, Ravi was required to be present, but he kept avoiding the court summons. The Magistrate, satisfied that Ravi was willfully avoiding the court, decided to proceed ex parte (without Ravi's presence) and ordered Ravi to pay maintenance to Priya. Ravi later applied to set aside the ex parte order within three months, showing good cause for his absence, and the Magistrate considered his application, possibly imposing terms such as payment of costs to Priya.

Example 2:

Sunita, an unmarried woman, had a child with Rajesh, who initially supported them but later abandoned them. Sunita and her child lived in Pune, while Rajesh moved to Bangalore. Sunita filed for maintenance for her child under Section 145 of the Bharatiya Nagarik Suraksha Sanhita 2023. The proceedings could be initiated in Pune where Sunita and her child reside. Rajesh was required to attend the court hearings, but he sent his advocate instead. The evidence was recorded in the presence of Rajesh's advocate. The Magistrate, after considering the evidence, ordered Rajesh to pay maintenance for the child. Rajesh was also ordered to pay the costs of the proceedings as deemed just by the court.