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Section 128: Enforcement of order of maintenance

The Code of Criminal Procedure, 1973Central Act · 1973

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024

A copy of the order of 1[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 2[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 3[allowance, or as the case may be, expenses, due].

STATE AMENDMENTS

Andhra Pradesh and Telangana.--

Amendment of section 128.--In section 128 of the principal Act, the expression "where the person against whom it is made, may be," shall be omitted.

[Vide Andhra Pradesh Act 18 of 2007, s. 3]

Where this provision sits

ActThe Code of Criminal Procedure, 1973
Section128
Marginal noteEnforcement of order of maintenance
JurisdictionCentral
StatusRepealed
Judgments citing it13

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