AI Overview...
Not to Order in Section 144 of BNSS
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Section 144 of BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) is analogous to Section 144 of the Cr.P.C., 1973, used primarily to prevent public disturbances and maintain law and order. It empowers authorities to issue orders prohibiting assembly or certain activities in specific areas temporarily.
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Main points and insights:
- Application in Family and Maintenance Cases: Several cases involve the use of Section 144/Section 125 Cr.P.C. to regulate interim maintenance and family disputes (e.g., SANTHAKUMAR vs SAJITHA - Kerala, SHIBU vs MARY - Kerala, ATHIRA ARUNKUMAR NAIR vs SREEJITH GOPALA PILLAI - Kerala). Courts have considered whether orders under Section 144 are appropriate or whether they infringe on individual rights.
- Legal Validity and Challenges: Orders under Section 144 can be challenged if they are deemed unnecessary or arbitrary. For instance, in ASHIK P vs SHAHNA SHERIN, MUHAMMAD AYAN - Kerala, a petition challenged an interim maintenance order made under Section 144, emphasizing that such orders should be reasonable and not infringe upon personal liberties.
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Limitations: Section 144 is meant for maintaining public order and cannot be misused to restrict personal rights or family matters unnecessarily (SANTHAKUMAR vs SAJITHA - Kerala, SHIBU vs MARY - Kerala). Courts have upheld orders when justified, but also quashed or modified them if found unreasonable (Chandrashekhar S/o Sangappa Bhavikatti VS Uma D/o Basappa Shedhad After Marriage Smt. Uma W/o Chandrashekhar Bhavikatti - Crimes, ASHIK P vs SHAHNA SHERIN, MUHAMMAD AYAN - Kerala).
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Analysis and Conclusion:
- Orders under Section 144/BNSS should be used judiciously, primarily for public safety and order, not as a tool to restrict individual or family rights arbitrarily.
- Courts have emphasized that such orders must be proportionate, justified, and not infringe on fundamental rights, especially in sensitive matters like maintenance and family disputes.
- When challenged, courts examine the necessity, scope, and impact of Section 144 orders, ensuring they align with constitutional protections and legal standards (Amrik Singh VS Jannatpreet Singh - Punjab and Haryana, SANTHAKUMAR vs SAJITHA - Kerala).
In summary, Section 144 of BNSS (like its predecessor under Cr.P.C.) is a preventive measure for public order. Its application in family and maintenance cases is permissible but must be carefully scrutinized to avoid undue infringement on individual rights.
Search Results for "Not to Order in Section 144 3 of Bnss"
2024 0 Supreme(P&H) 1187 • India - Punjab and Haryana
HARPREET SINGH BRAR
(A) Code of Criminal Procedure, 1973 - Section 125 (now Section 144 of BNSS) - Family Courts Act, 1984 - Section 7 - Code of Civil ... Procedure, 1908 - Section 60(1)(g) - The Pensions’ Act, 1871 - Section 11 - Maintenance - Execution of maintenance order - The Family ... (Paras 11, 12) ... ... (D) Attachment of Pension - Maintenance is not a debt, and pension cannot ... Be that as it may, it is pertinent to mention that the limit....
• India - Crimes
HEMANT CHANDANGOUDAR
Criminal Procedure Code, 1973 – Section 125(3) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 144(3 ... of Magistrate sentencing petitioner to further imprisonment for two months is not legally sustainable – Order passed by Principal ... Judge, Family Court, quashed – Liberty reserved with respondent to make fresh application under Section 125 Cr.P.C. in respect of ... The petitioner’s failure to comply with the order....
2025 Supreme(Online)(Ker) 57910 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') / Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ' BNSS '). ... passed in a proceeding under Section 125 of the a href="./.. ... The marriage is not in dispute. 3. Admittedly, the petitioner is drawing a salary of Rs.65,000/- per month. ... I see no illegality or impropriety in the impugned order. Accordingly, the original petition is dismissed. ... The definite case o....
2025 Supreme(Online)(Ker) 37851 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 144 - Petition for interim maintenance pending before Family Court - Original ... (Para 3) ... ... Facts of the case: ... The petitioner filed an application for interim maintenance under Section ... 144 of the BNSS, 2023, which has yet to be considered by the Family Court, causing her grievance. ... 3. As per the 3rd proviso to Section 144 Secti....
2025 Supreme(Online)(Ker) 57913 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
Code of Criminal Procedure , 1973 (for short, 'Cr.P.C.') / Section 144 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ' BNSS '). ... Family Court, Thrissur in a proceeding under Section 125 of the a href="./.. ... 3. Heard both sides. 4. The maternity is not in dispute. The respondent is aged 75 years. Admittedly, the petitioner has an income. ... Considering the requirement of the respondent and the ability and means of the petitioner, the interim mo....
2025 Supreme(Online)(KER) 9816 • India - High Court of Kerala
Kauser Edappagath, J
This original petition challenges the interim order of maintenance by the Family Court under Section 125 of Cr.P.C., where the respondents ... The 1st respondent filed MC No.8/2024 before the Family Court, Ottapalam under Section 125 of Cr.P.C/144 of the BNSS,2023. The respondents also filed a petition for interim maintenance. ... It is challenging the said order, this original petition has been filed. 3. I have heard both sides. ... When this original petition came u....
2025 Supreme(Online)(HP) 7890 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Sushil Kukreja, JJ
(A) Criminal Procedure Code, 1973 - Section 125 - Maintenance - Children attaining majority - Children entitled for maintenance only ... (Paras 11, 17) ... ... (C) Hindu Marriage Act, 1955 - Section 26 - Custody and maintenance - ... till attainment of majority, unless incapacitated - Petitioners are children of respondent and not incapacitated, hence not entitled ... However, Section 125 Cr.P.C. (now Section 144 of BNSS) does not....
2025 Supreme(Online)(UK) 2353 • India - High Court Of Uttarakhand
Pankaj Purohit, J
(A) BNSS 2023 - Section 144 - Interim maintenance awarded to respondent-wife - Revisionist-husband challenged the order on grounds ... of false averments and insufficient grounds for maintenance - Affidavit submitted suggesting husband's income not considered properly ... - Court upheld the Family Court’s order as reasonable. ... Criminal Case under Section 144 of the BNSS 2023 before the Khatima, District Udham Singh Nagar with t....
2025 Supreme(Online)(Kar) 24686 • India - Karnataka High Court
G BASAVARAJA, J
This petition is filed under Section 24 of the CPC to transfer the petition from the Family Court in Belagavi to Dharwad on grounds ... petitioner/wife along with her two minor daughters in Crl.Misc.No.176/2025 under Section 144 of the BNSS Act , 2023 as well as certified copy of the order sheet pertaining to Crl.Misc. ... JUSTICE G BASAVARAJA) This petition is filed under Section 24 of the CPC to transfer the petition filed by the respondent/husband in MC.No.235/2025 pending on th....
2025 0 Supreme(HP) 983 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., SATYEN VAIDYA
(A) Bhartiya Nagrik Suraksha Sanhita, 2023 - Section 163 - Interim order challenged regarding access to private land obstructed ... ... ... Ratio Decidendi: The court ruled that the order under Section 163 was justified to prevent public disturbance and protect ... law and order issues. ... Suraksha Sanhita, 2023, (for shortthe ‘BNSS) corresponding to the earlier provisions of Section 144 of Cr.P.C., 1973. ... In such circumstances, a resort as suc....
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