Sections 144 To 147 BNSS | Gram Nyayalaya Can Decide Maintenance & Execution Petitions: Allahabad High Court
The Allahabad High Court has ruled that Gram Nyayalayas have the requisite jurisdiction to try and decide applications and cases relating to maintenance under Sections 125 to 128 CrPC as well as the corresponding Sections 144 to 147 BNSS.
A bench of Justice Abdul Shahid clarified this while allowing an application filed by a wife who sought a direction to the Gram Nyayalaya in Karhal, Mainpuri, to expeditiously decide her pending execution petition against her husband in a maintenance case.
Briefly put, the applicant-wife initially filed a maintenance petition in 2018 under Section 125 CrPC, which was decided in her favour by the Nyayadhikari on November 30, 2024.
Following this order, she filed an execution petition before the same court under Section 147 BNSS. She subsequently moved to the High Court for the expeditious disposal of this plea.
The Court noted that there are two distinct Acts that provide for cases related to the maintenance of wives, children and parents [Section 7 of the Family Courts Act, 1984 and Section 12 of the Gram Nyayalayas Act, 2008].
The Court specifically perused Section 12 of the 2008 Act to note that the provision empowers a Gram Nyayalaya to try offences and grant relief specified in the enactments included in Part II of its First Schedule.
It may be noted that clause (v) in Part II of the First Schedule explicitly pertains to orders for maintenance under Chapter IX of the CrPC (corresponding to Chapter X BNSS), which are essentially related to maintenance of wives, children and parents.
In view of this, the bench held that the Gram Nyayalaya has the requisite jurisdiction to decide the pending execution petition of the applicant-wife.
Consequently, the concerned Nyayadhikari of the Gram Nyayalaya was directed to decide the pending Execution Petition under Section 147 BNSS in accordance with the law, as expeditiously as possible, and preferably within a period of six months.
With these directions, the plea was disposed of.
Case title - Damini State of U.P. and Another 2026 LiveLaw (AB) 203
Case Citation: 2026 LiveLaw (AB) 203