Case at a Glance
A wife and two children obtained a maintenance order of ₹30,000 a month from a Family Court in Dhanbad in 2022, which the Jharkhand High Court upheld. After the family moved to Delhi, they filed for execution before the Family Court at Rohini, which insisted on a certificate from the Dhanbad court that no execution was pending there and imposed costs for not producing it. The Delhi High Court set that aside, holding that under Section 147 of the BNSS a maintenance order can be enforced by any Magistrate in any place, that both parties now live within the Rohini court’s jurisdiction, and that insisting on a transfer certificate was “wholly unjustified and unwarranted”.
The first petitioner married the respondent on 12 March 2006 at Dhanbad, Jharkhand, and they have two children. In 2017 the wife and children filed a petition under Section 125 of the Code of Criminal Procedure before the Additional Family Court-02, Dhanbad. By order dated 24 May 2022, the respondent was directed to pay ₹10,000 a month each to the wife and the two children — ₹30,000 in all. His criminal revision was dismissed by the Jharkhand High Court on 28 June 2024.
In March 2023 the respondent brought the family to Delhi. On 26 October 2024 the wife and children filed Execution Petition No. 278/2024 under Section 147 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Family Court, Rohini. On 25 April 2026 the Family Court directed their counsel to produce a certificate from the Dhanbad court showing that no execution was pending there, and costs were imposed for not producing it. The petitioners approached the High Court under Article 227 read with Section 528 BNSS. The husband objected that the petition was a private matrimonial dispute, pointed to other pending litigation, and said he had arranged accommodation and paid the children’s school fees in Delhi, which the petitioners disputed.
The Key Question Before the Court
Can a Family Court in Delhi, where both parties now live, insist on a ‘transfer certificate’ from the court in another State that passed a maintenance order before enforcing it?
Section 147 BNSS: Enforcement Wherever the Parties Live
Justice Amit Bansal framed two narrow issues: whether the execution proceedings at Rohini were maintainable, and whether the Family Court was justified in asking for a transfer certificate from Jharkhand. Reproducing Section 147 of the BNSS (which corresponds to the enforcement provision for maintenance orders under the earlier Code), the Court read it to mean that “the order of maintenance including interim maintenance can be enforced by any Magistrate in any place”, once the Magistrate is satisfied about the identity of the parties and the non-payment.
It was admitted that both parties now live in Delhi, within the jurisdiction of the Rohini Family Court, so there was no doubt about that court’s jurisdiction to enforce the Dhanbad order. Section 147 does not require any transfer certificate from the court that passed the order, and the Family Court’s insistence on one was “wholly unjustified and unwarranted”. The High Court allowed the petition, directed the Family Court to proceed with enforcement without insisting on the certificate, set aside the costs, and clarified that it had expressed no opinion on the merits of the parties’ disputes.
What the Court Actually Held
- Under Section 147 of the BNSS, a maintenance order, including an interim maintenance order, can be enforced by any Magistrate in any place, on being satisfied of the identity of the parties and non-payment.
- Since both parties live in Delhi, the Family Court at Rohini has jurisdiction to enforce the Dhanbad Family Court’s order.
- Section 147 does not require a transfer certificate from the court that passed the order; insisting on one was wholly unjustified.
- The petition was allowed, the Family Court was directed to proceed with execution without the certificate, and the costs imposed for not producing it were set aside; no opinion was expressed on the merits.
Why This Judgment Matters
- Families often move cities or States after a maintenance order is passed. This ruling confirms that they need not go back to the original court for paperwork before enforcing it where they now live.
- Delay in enforcement defeats the purpose of maintenance; removing an unnecessary procedural hurdle helps wives and children get paid.
- It applies the new BNSS provision, giving practitioners a clear reference under the 2023 Sanhita.
What Should Advocates Take Away From the Judgment?
For Wives and Children
- If you have a maintenance order from one State and now live in another, you can file for its enforcement before the court where the parties now reside.
- You do not need a ‘no execution pending’ or transfer certificate from the original court under Section 147 BNSS.
- Keep certified copies of the maintenance order and any appellate orders ready to establish the order and the non-payment.
For Counsel
- Cite Section 147 BNSS and this ruling when an executing court demands a transfer certificate.
- Show the identity of the parties and non-payment — the only conditions the provision requires.
- Article 227 read with Section 528 BNSS was used to correct the executing court’s procedural direction.
Key Takeaways
- Maintenance orders are enforceable by any Magistrate in any place.
- No transfer certificate from the original court is required.
- Family Court at Rohini can enforce the Dhanbad order.
- Costs for not producing the certificate were set aside.
Frequently Asked Questions
Can I enforce a maintenance order passed in another State?
Yes. According to this ruling, under Section 147 BNSS any Magistrate in any place can enforce a maintenance order, after verifying the identity of the parties and the non-payment.
Do I need a transfer certificate from the court that passed the order?
No. The Delhi High Court held that Section 147 does not require it and that insisting on one is wholly unjustified.
Did the High Court change the maintenance amount?
No. The ₹30,000 a month fixed by the Dhanbad Family Court in 2022 was not altered; the High Court dealt only with enforcement.
Conclusion
The Delhi High Court has removed a procedural roadblock that had delayed a wife and two children from enforcing a maintenance order passed in Jharkhand. Under Section 147 of the BNSS, enforcement follows the parties, and a court where they now live cannot demand a certificate from the original court that the law does not require.
Practical takeaway: To enforce a maintenance order after moving to another city or State, file before the court where the parties now reside with the certified order and proof of non-payment; resist any demand for a transfer certificate by citing Section 147 BNSS.
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