Yes. A maintenance order passed by the competent Family Court at Indore can generally be enforced even if the husband is living or working outside Madhya Pradesh.
The husband’s subsequent relocation to another State does not automatically cancel, suspend or invalidate a maintenance order passed by the competent court.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains a specific provision dealing with enforcement of maintenance orders. Section 147 BNSS provides that a copy of a maintenance or interim-maintenance order may be enforced by any Magistrate in any place where the person against whom the order is made may be, provided the Magistrate is satisfied regarding the identity of the parties and the non-payment of the amount or expenses due.
This is particularly important in matrimonial cases where a wife obtains a maintenance order in Family Court, Indore, but the husband subsequently moves to another city or another State for employment or business.
1. What happens if the husband moves outside Madhya Pradesh after the maintenance order?
Suppose a wife residing in Indore obtains a maintenance order against her husband from the competent Family Court at Indore.
The husband subsequently moves to:
- Mumbai;
- Delhi;
- Bengaluru;
- Hyderabad;
- Ahmedabad;
- Pune;
- Jaipur;
- Chandigarh;
- another State; or
- any other place outside Madhya Pradesh.
His relocation does not, by itself, bring the maintenance order to an end.
If he continues to be liable under the order and fails to make the payments, the wife can take appropriate steps for enforcement.
Section 147 BNSS is particularly significant because it does not restrict enforcement to the place where the original maintenance order was passed. It expressly contemplates enforcement by a Magistrate in the place where the person liable under the order may be.
2. What is the importance of Section 147 BNSS?
Section 147 BNSS is the principal provision dealing with enforcement of an order of maintenance.
It provides, in substance, that:
- the person in whose favour the maintenance order has been made is entitled to a copy of the order without payment;
- the order may concern maintenance, interim maintenance or expenses of proceedings;
- the order can be enforced by a Magistrate;
- the Magistrate can be in any place where the person against whom the order was made may be; and
- the Magistrate must be satisfied regarding the identity of the parties and the non-payment of the amount due.
This statutory language is important for a wife whose husband is living outside Madhya Pradesh.
The wife is not necessarily required to start an entirely new maintenance proceeding merely because the husband has shifted to another State.
3. Does the wife have to file a fresh maintenance case in the husband’s new State?
Ordinarily, no.
This is one of the most important practical points.
If Family Court, Indore has already passed a valid maintenance order, the husband’s subsequent movement to another State does not ordinarily require the wife to file a fresh Section 144 BNSS maintenance case in that State.
The existing order remains the basis for enforcement.
The wife needs to take appropriate enforcement steps in accordance with Section 144(3) and Section 147 BNSS.
The exact procedural route may depend upon where the husband is located and the nature of the enforcement relief sought.
4. What is the difference between maintenance proceedings and enforcement proceedings?
This distinction is very important.
Maintenance proceeding
The original proceeding determines:
- whether the wife is entitled to maintenance;
- whether the husband has sufficient means;
- whether there has been neglect or refusal to maintain;
- the amount of maintenance;
- interim maintenance, where appropriate; and
- other issues relating to entitlement and quantum.
Enforcement proceeding
After an order has been passed, the question changes.
The issue becomes:
“The husband has been ordered to pay maintenance, but he has not paid it. How can the amount due be recovered?”
Section 147 BNSS deals specifically with enforcement of the maintenance order.
Therefore, the wife should not confuse an enforcement proceeding with filing a fresh maintenance claim.
5. Can Family Court, Indore enforce its maintenance order if the husband is in another State?
The statutory scheme permits enforcement outside the original place of jurisdiction.
Section 147 BNSS specifically states that the maintenance order may be enforced by any Magistrate in any place where the person against whom the order is made may be.
Thus, if the husband against whom the maintenance order was passed is now residing in another State, the statutory mechanism contemplates enforcement at the place where he may be found.
This is one of the important protections available to a maintenance beneficiary.
6. What if the husband has shifted permanently to another State?
Permanent relocation does not automatically extinguish the maintenance liability.
For example:
A wife obtains an order for ₹25,000 per month from Family Court, Indore.
The husband subsequently obtains employment in Bengaluru and shifts there permanently.
If he stops paying the ₹25,000 monthly maintenance, the wife can take appropriate enforcement proceedings.
The husband cannot ordinarily avoid the existing obligation simply by saying:
“I have now moved to Karnataka, so the Indore order no longer applies.”
The location of the husband may affect where enforcement is pursued, but it does not automatically nullify the underlying maintenance order.
7. What if the husband moves from one State to another repeatedly?
This is another practical difficulty sometimes faced by wives.
For example:
- husband works in Mumbai for six months;
- then transfers to Delhi;
- later moves to Bengaluru;
- subsequently returns to Pune.
A maintenance order does not become ineffective every time the husband changes his place of employment.
The wife should maintain accurate information regarding his current location and employment.
Section 147 BNSS is designed in part to address the practical fact that the person liable under the maintenance order may be found at a place different from the place where the original order was passed.
8. What if the husband deliberately moves outside Madhya Pradesh to avoid payment?
Such conduct does not, by itself, defeat the wife’s rights.
If the husband deliberately changes his residence or workplace to avoid compliance, the wife should inform the Court of the relevant facts and take appropriate enforcement steps.
The wife should preserve evidence such as:
- employment details;
- current address;
- transfer order;
- company information;
- correspondence;
- messages;
- publicly available professional information;
- property information; and
- other reliable evidence establishing where the husband is presently located.
The objective should be to place accurate information before the enforcement court.
9. What powers are available when the husband does not pay?
Section 144(3) BNSS provides the principal coercive mechanism for default in payment.
Where a person ordered to pay maintenance fails without sufficient cause to comply with the order, the Magistrate may, for every breach:
- issue a warrant for levying the amount due in the manner provided for levying fines; and
- subject to the statutory conditions, sentence the defaulter to imprisonment for a term which may extend to one month or until payment, if sooner made.
Therefore, a maintenance order is not merely a declaratory order.
The law provides mechanisms intended to secure compliance.
10. Can a warrant be issued against a husband living outside Madhya Pradesh?
Potentially, yes, subject to the statutory procedure.
The fact that the husband is physically located outside Madhya Pradesh does not automatically prevent enforcement.
Section 147 specifically recognises enforcement by a Magistrate in any place where the person against whom the maintenance order is made may be.
The precise procedural steps for execution of the warrant will depend upon the location of the husband and the orders passed by the competent court.
11. Is there a time limit for seeking recovery of maintenance arrears?
Yes, this is an important practical issue.
The first proviso to Section 144(3) BNSS states that no warrant shall be issued for recovery of an amount due under the section unless an application is made to the Court to levy that amount within one year from the date on which it became due.
This provision should be taken seriously.
A wife should not simply allow maintenance arrears to accumulate for several years and assume that enforcement can always be initiated without regard to statutory requirements.
Practical advice
If the husband stops paying maintenance, the wife should ordinarily approach the appropriate court promptly rather than waiting indefinitely.
For every enforcement application, the exact dates on which installments became due should be carefully calculated.
12. Does the one-year rule mean that the maintenance right itself disappears after one year?
This requires careful legal treatment.
The statutory proviso concerns issuance of a warrant for recovery of an amount due unless the application is made within one year from the date on which that amount became due. It should not casually be described as meaning that the underlying maintenance order automatically disappears after one year.
The Supreme Court’s jurisprudence under the corresponding former CrPC provision has treated maintenance as a continuing liability and has distinguished the statutory limitation on the coercive recovery mechanism from the continuing nature of the maintenance obligation. Recent High Court decisions under BNSS have also considered this distinction.
Because the precise computation can depend upon the date of the order, the period for which arrears are claimed and the nature of the enforcement application, the wife should have the arrears period examined carefully before filing.
13. What documents should be filed with an enforcement application?
A properly prepared enforcement application should ordinarily contain sufficient material to enable the Court to identify:
- the original maintenance order;
- the amount ordered;
- the date from which the amount is payable;
- the installments that became due;
- payments actually received;
- the total arrears claimed; and
- the husband’s present location, if known.
Useful documents may include:
- certified copy of the maintenance order;
- interim maintenance order, where applicable;
- calculation of arrears;
- bank statements showing non-payment;
- receipts for payments actually received;
- correspondence demanding payment;
- information regarding husband’s current address;
- employment information; and
- previous enforcement orders, if any.
14. How should maintenance arrears be calculated?
The wife should prepare a clear month-wise calculation.
For example:
Maintenance ordered: ₹25,000 per month
Period covered: January 2026 to June 2026
Total liability: ₹1,50,000
Amount actually paid: ₹50,000
Balance arrears: ₹1,00,000
The calculation should be supported by bank records and the terms of the order.
A clear calculation makes enforcement easier and reduces unnecessary disputes regarding the amount outstanding.
15. What if the husband has paid some amount but not the full maintenance?
The wife should claim only the amount actually outstanding.
For example, if the order requires payment of ₹30,000 per month and the husband pays ₹20,000, the arrears calculation should take the ₹20,000 payment into account.
The Court can determine the actual balance payable.
It is therefore important to maintain a separate record of every payment received.
16. What if the husband says that he has already paid the maintenance?
The husband may contest the arrears calculation by producing evidence of payment.
The wife should therefore maintain:
- bank statements;
- UPI records;
- account statements;
- receipts;
- messages acknowledging payment; and
- other financial records.
The enforcement court can then determine the actual amount unpaid.
17. Can the husband seek modification of the maintenance order because his income has decreased?
If circumstances have materially changed, the appropriate statutory remedy should be considered rather than simply stopping payment.
Section 146 BNSS deals with alteration in the maintenance allowance upon proof of a change in circumstances.
For example, a husband may experience:
- loss of employment;
- substantial reduction in income;
- serious illness;
- business closure;
- major change in financial circumstances; or
- other legally relevant changes.
However, the husband should not simply stop complying with the existing order and later argue that he could not afford it.
He should seek appropriate relief from the competent court.
18. What if the husband loses his job after the maintenance order?
Loss of employment can be relevant to a request for alteration of the maintenance amount.
But until an appropriate court modifies or stays the existing order, the husband should not assume that the original order has automatically ceased to operate.
This distinction is important.
Existing order
The husband remains subject to the operative order.
Changed circumstances
He may seek appropriate alteration under Section 146 BNSS if the statutory requirements are satisfied.
Simply stopping payment may result in arrears and enforcement proceedings.
19. What if the husband earns in another State but says that his expenses are very high?
The husband may place his genuine financial circumstances before the Court.
However, an enforcement proceeding is not normally an opportunity to reopen the entire original maintenance determination merely because the husband is dissatisfied with the amount.
If circumstances have genuinely changed, the appropriate remedy may be an application for alteration under Section 146 BNSS.
Until then, compliance with the operative order remains important.
20. Can the wife’s lawyer seek enforcement directly in the husband’s present State?
Section 147 BNSS expressly contemplates enforcement by a Magistrate in the place where the person against whom the order was made may be.
Therefore, where the husband has moved to another State, the procedural strategy should be planned around his current location.
The advocate should examine:
- where the husband presently resides;
- whether he is employed there;
- whether his current address is known;
- whether the enforcement application should be pursued through the original court or the Magistrate at the place where he is now located;
- what transmission/production steps are required; and
- what local procedural requirements apply.
The exact procedural route should be determined from the current court rules and the facts of the case.
21. Is a fresh notice necessary at the enforcement stage?
The procedural requirements depend upon the nature of the enforcement application and the orders sought.
The husband should not assume that the maintenance order can simply be ignored because the original proceeding has concluded.
Similarly, the wife should not assume that every enforcement step automatically results in arrest.
The Court will follow the statutory procedure and determine the appropriate relief on the basis of the default and the material placed before it.
22. What if the husband is living in Delhi but the order was passed in Indore?
This is a straightforward example of the operation of Section 147.
Suppose:
- Family Court, Indore passes a maintenance order;
- husband subsequently moves to Delhi;
- husband stops paying;
- wife remains in Indore.
The wife can take appropriate enforcement steps under the statutory mechanism.
Section 147 does not require the husband to return to Indore merely because the original order was passed there. It expressly permits enforcement by a Magistrate in the place where the husband may be.
23. What if the husband is living in Maharashtra?
The same principle applies.
For example, if the husband moves to:
- Mumbai;
- Pune;
- Nagpur;
- Nashik; or
- another place in Maharashtra,
the wife’s maintenance order does not automatically become unenforceable.
The relevant enforcement mechanism can be invoked at the appropriate place in accordance with Section 147 BNSS and the applicable procedural requirements.
24. What if the husband is living in Karnataka?
Again, the fact that the husband is in Karnataka does not automatically defeat the maintenance order.
Suppose the order was passed by Family Court, Indore and the husband subsequently moved to Bengaluru.
If he defaults, the wife can take appropriate enforcement steps.
The important point is that the original jurisdiction of the Indore Court and the place where enforcement can occur are not necessarily the same thing.
25. What if the husband is living in another State but owns property in Indore?
This can become practically significant.
If the husband has:
- a house;
- land;
- commercial property;
- bank accounts;
- investments; or
- business interests
in Indore, those facts should be brought to the attention of the advocate handling enforcement.
The available enforcement remedy will depend upon the nature of the maintenance order and applicable law, but information about the husband’s assets can be important in determining the most effective course of action.
The wife should not assume that every property belonging to the husband can automatically be attached merely because maintenance is unpaid. The precise nature of the asset and the legal mechanism available for recovery must be examined.
26. Can the husband’s parents’ property be attached for his maintenance arrears?
The maintenance liability is ordinarily the personal liability of the person against whom the maintenance order has been passed.
Therefore, the wife should not assume that the separate property of the husband’s parents can automatically be proceeded against merely because the husband has defaulted.
The ownership of the property and the husband’s legal interest in it must be carefully examined.
For enforcement purposes, it is therefore important to distinguish:
- husband’s own property;
- jointly owned property;
- property in which he has a legally identifiable share; and
- property exclusively owned by third parties.
The appropriate remedy depends upon the exact ownership structure and applicable enforcement law.
27. What if the husband is employed by a company in another State?
The husband’s employment can be important evidence concerning his present location and financial capacity.
The wife should, where reliably known, provide:
- company name;
- office address;
- designation;
- place of posting;
- employment details; and
- other reliable information.
The fact that he works for a company outside Madhya Pradesh does not by itself defeat the maintenance order.
28. What if the husband changes his job to avoid salary-related recovery?
The wife should immediately inform her advocate of the change.
The enforcement strategy should then be adjusted to the husband’s current employment and location.
The wife should avoid relying upon an outdated address or old employer information if she knows that the husband has shifted.
Current information makes enforcement considerably more effective.
29. What if the husband is living abroad after the Indore maintenance order?
This is a more complicated situation and requires an important distinction.
Section 147 BNSS expressly permits enforcement by any Magistrate in any place where the person against whom the order is made may be.
This wording is particularly straightforward when the husband has moved to another place within India.
If the husband is physically outside India, however, an Indian Magistrate does not simply exercise coercive jurisdiction directly over the husband on foreign territory.
In an overseas situation, the wife may have to consider:
- enforcement against assets located in India;
- Indian bank accounts;
- property in India;
- other available domestic remedies; and
- where appropriate, mechanisms for recognition or enforcement in the foreign country under its applicable law.
Therefore, it is correct to say that a maintenance order is not automatically rendered invalid by the husband’s foreign residence, but cross-border enforcement can be procedurally more complex than enforcement against a husband living in another Indian State.
30. Can an Indian maintenance order be enforced against the husband’s foreign salary?
This requires careful, case-specific advice.
The mere fact that an Indian court has passed a maintenance order does not mean that an Indian Magistrate can directly attach a foreign employer’s payroll or seize assets situated abroad without following the law applicable to the foreign jurisdiction.
The practical position may depend upon:
- the country concerned;
- the husband’s employment;
- location of assets;
- applicable bilateral arrangements;
- recognition of Indian orders in that jurisdiction;
- local procedural law; and
- the particular enforcement mechanism available.
Accordingly, where the husband lives abroad, the advocate should examine both the Indian enforcement remedies and the law of the foreign country concerned.
31. What if the husband keeps his Indian bank account?
That may be practically important.
If the husband maintains assets or banking relationships in India, the wife should inform her advocate.
Depending upon the nature of the order and the applicable procedure, domestic assets can sometimes provide a more practical enforcement route than attempting immediate cross-border recovery.
However, the specific legal mechanism should be determined by the executing/enforcement court.
32. Can the husband avoid maintenance simply by leaving Indore?
No.
This is perhaps the simplest way of understanding the law.
A husband cannot ordinarily defeat an existing maintenance order merely by changing his State of residence.
The order is not a personal obligation that applies only while the husband remains physically within Indore.
Section 147 BNSS expressly provides a mechanism for enforcement at the place where the person against whom the order is made may be.
33. What should a wife do immediately after a default?
A practical approach is:
Step 1: Check the maintenance order
Identify:
- monthly amount;
- date from which payable;
- whether interim or final;
- whether arrears were awarded;
- any specific conditions.
Step 2: Maintain a payment record
Prepare a month-wise statement.
Step 3: Preserve bank records
Keep proof of all payments received.
Step 4: Identify the husband’s current location
Find out:
- current State;
- city;
- residential address;
- employer;
- office address.
Step 5: Calculate arrears
Calculate the exact outstanding amount.
Step 6: Act within the statutory time requirements
Do not unnecessarily delay the enforcement application, particularly in view of the one-year proviso contained in Section 144(3) BNSS.
Step 7: File appropriate enforcement proceedings
The appropriate application should be drafted according to the nature of the default and the current location of the husband.
34. Can the husband be imprisoned for non-payment?
Section 144(3) BNSS permits imprisonment, subject to its statutory conditions, where a person ordered to pay maintenance fails without sufficient cause to comply.
The provision states that the Magistrate may sentence the defaulter, for the whole or part of each month’s allowance remaining unpaid after execution of the warrant, to imprisonment for a term which may extend to one month or until payment, if sooner made.
However, imprisonment should not be described as an automatic consequence of every default.
The Court must apply the statutory requirements and consider the circumstances.
The existence of a genuine inability to pay may have legal significance, although a mere assertion of inability without supporting material may not be sufficient.
35. Does imprisonment cancel the maintenance arrears?
No.
The wife’s monetary entitlement and the coercive consequence of default should not be confused.
The fact that a defaulter undergoes imprisonment does not ordinarily mean that all outstanding maintenance liability automatically disappears.
The Supreme Court’s jurisprudence under the corresponding CrPC regime has treated maintenance as a continuing liability. Recent decisions under BNSS have continued to consider the relationship between Section 144(3)’s recovery mechanism and Section 147 enforcement.
36. Can the husband challenge the maintenance order instead of paying it?
If the husband believes that the order is legally or factually erroneous, he may have an appropriate appellate, revisional or other statutory remedy depending upon the nature of the order and the governing law.
But there is an important distinction between:
challenging an order, and
simply refusing to comply with it.
Unless the order has been stayed, modified, set aside or otherwise ceased to operate according to law, the husband should not assume that he can unilaterally stop making payments.
37. What if the husband has already filed an appeal or revision?
The wife should obtain a copy of the proceeding and determine whether there is actually:
- a stay;
- suspension of the maintenance order;
- modification of the amount; or
- merely a pending challenge without stay.
A pending challenge does not necessarily mean that the maintenance order has automatically ceased to operate.
The effect of the appellate or revisional proceeding must be examined from the actual order passed by the higher court.
38. Can the wife enforce an interim maintenance order also?
Yes.
Section 147 expressly refers not only to a maintenance order but also to an order for interim maintenance and expenses of proceedings.
Therefore, if the husband defaults on an operative interim maintenance order, the wife may consider the statutory enforcement mechanism.
This is particularly important because interim maintenance is intended to provide financial support during the pendency of the matrimonial or maintenance litigation.
39. Does the Family Courts Act affect enforcement?
The Family Courts Act, 1984 gives Family Courts jurisdiction over proceedings for maintenance and also provides the framework under which Family Courts exercise jurisdiction that was earlier exercisable by Magistrates under the maintenance chapter of the Code of Criminal Procedure. Section 7 expressly includes proceedings for maintenance, and Section 8 addresses exclusion of ordinary Magistrate jurisdiction in areas where a Family Court has been established.
Thus, the fact that the original maintenance order was passed by Family Court, Indore does not make the order ineffective merely because the husband later resides elsewhere.
The enforcement mechanism has to be understood together with Sections 144 and 147 BNSS.
40. A practical example
Consider this situation:
Wife: Residing in Indore
Court: Family Court, Indore
Maintenance ordered: ₹30,000 per month
Husband: Subsequently shifted to Delhi
Default: No payment for five months
The wife’s total arrears, subject to the exact terms of the order and payments already made, would be ₹1,50,000.
She should:
- obtain the necessary copy of the maintenance order;
- prepare a month-wise calculation;
- record payments actually received;
- establish the husband’s current Delhi address;
- identify his employment, if known;
- file the appropriate enforcement application; and
- seek the statutory relief available for the default.
The fact that the husband is now in Delhi does not require the wife to file a fresh maintenance case in Delhi.
41. Another example: husband moves from Indore to Pune
Suppose Family Court, Indore orders the husband to pay ₹20,000 per month.
After the order, the husband shifts to Pune.
He pays for six months and then stops paying.
The wife should not treat the maintenance order as having expired merely because the husband is no longer in Madhya Pradesh.
The existing order remains the foundation of the enforcement proceeding.
Section 147 BNSS expressly permits enforcement by a Magistrate in the place where the husband may be.
42. What if the husband returns to Indore occasionally?
The wife should not attempt self-help or take the law into her own hands.
If the husband is temporarily in Indore, that fact may become relevant to the enforcement process, but the appropriate application should be made before the competent court.
The enforcement of a maintenance order must remain a judicial process.
43. What should the wife include in an enforcement application?
A practical enforcement application should clearly mention:
The original order
Date and details of the maintenance order.
Amount ordered
Monthly maintenance and any additional amount ordered.
Effective date
The date from which payment became due.
Default
The months for which payment has not been made.
Payments received
Amounts already paid by the husband.
Balance
Exact arrears remaining outstanding.
Present address
The husband’s present address, if known.
Employment
Employer and place of employment, where known.
Relief sought
The specific statutory enforcement relief appropriate to the default.
A clear and properly calculated application is preferable to a vague allegation that “the husband has not paid anything.”
44. What if the husband claims that he cannot afford the amount?
The husband can place his financial circumstances before the Court.
But there is a major difference between:
“I cannot afford the amount, therefore I will stop paying.”
and
“My circumstances have materially changed, therefore I seek appropriate alteration of the existing order.”
The second approach is legally safer.
Section 146 BNSS provides a mechanism for alteration in the allowance upon proof of change in circumstances.
45. What if the husband’s salary has decreased after he moved to another State?
A reduction in income may constitute a change in circumstances.
However, the husband should establish the change through credible material, such as:
- termination letter;
- salary slips;
- employment contract;
- bank statements;
- tax documents;
- business records; or
- other reliable evidence.
Until an appropriate court modifies the order, the husband should not simply assume that the original amount no longer applies.
46. What if the husband says he has other dependants?
The husband’s genuine financial responsibilities may be considered when determining the overall financial position.
But the existence of other liabilities does not automatically extinguish a maintenance order.
The Court will consider the competing financial circumstances according to law.
If the circumstances have materially changed since the original order, the appropriate remedy under Section 146 BNSS may be considered.
47. Can enforcement continue every month if the husband continues to default?
Maintenance is a recurring obligation.
If the husband continues to fail to pay amounts that become due, the wife should maintain a current arrears calculation and take appropriate enforcement steps rather than treating the matter as a one-time debt.
Recent judicial decisions under the BNSS/its corresponding CrPC provisions have continued to recognise the continuing nature of maintenance liability while considering the statutory one-year rule concerning the warrant mechanism.
The precise manner in which successive defaults should be presented should be determined from the existing orders and the local procedural practice.
48. What if the husband is living abroad after moving from another State?
The case becomes more complex only because the husband is outside India’s territorial jurisdiction.
There is an important distinction:
Husband in another Indian State
Section 147 expressly provides for enforcement by a Magistrate in any place where the person against whom the order is made may be.
Husband outside India
An Indian Magistrate cannot simply exercise coercive physical jurisdiction in a foreign country.
The wife may have to examine:
- Indian assets;
- Indian bank accounts;
- properties in India;
- business interests in India;
- other domestic enforcement options; and
- foreign recognition/enforcement procedures, where appropriate.
Therefore, the phrase “outside Madhya Pradesh” should not automatically be equated with “outside India.”
The enforcement strategy is substantially more straightforward when the husband is in another Indian State.
49. Final legal position
Yes. A maintenance order passed by the competent Family Court at Indore can generally be enforced even when the husband is living or working outside Madhya Pradesh.
The most important provision is Section 147 BNSS, which expressly provides that a maintenance order may be enforced by a Magistrate in any place where the person against whom the order is made may be, subject to the Magistrate being satisfied regarding the identity of the parties and the non-payment of the amount or expenses due.
Section 144(3) BNSS provides the principal coercive mechanism for default, including a warrant for recovery of the amount due and, subject to the statutory conditions, imprisonment for non-compliance. The first proviso also requires an application for the warrant-based recovery of an amount due to be made within one year from the date it became due.
Therefore:
- a husband cannot ordinarily defeat an Indore maintenance order merely by moving to another State;
- a fresh maintenance case is not ordinarily required merely because he relocates;
- the wife should promptly initiate appropriate enforcement proceedings after default;
- the husband’s current address and employment should be identified;
- the arrears should be calculated month-wise;
- payments already received should be deducted;
- the one-year requirement under Section 144(3) should be kept in mind;
- if the husband’s financial circumstances have genuinely changed, he should seek appropriate alteration rather than simply stop paying; and
- where the husband is outside India, additional cross-border enforcement issues may arise.
In simple terms
A Family Court, Indore maintenance order does not stop operating merely because the husband moves from Indore to another State.
If the husband shifts to Delhi, Maharashtra, Karnataka, Gujarat, Rajasthan or another Indian State and stops paying maintenance, the wife can invoke the statutory enforcement mechanism. Section 147 BNSS specifically allows enforcement by a Magistrate in the place where the husband may be.
The situation is different, and procedurally more complicated, if the husband has moved outside India. In that situation, the wife may need to combine the Indian enforcement remedies with appropriate measures concerning the husband’s Indian assets or recognition/enforcement of the Indian order in the foreign country concerned.
Thus, moving outside Madhya Pradesh is not a legal escape from a maintenance order passed by Family Court, Indore. The real issue is choosing and properly invoking the correct enforcement mechanism based on the husband’s present location and assets.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304