Presence of lawyer in crpc 125 first hearing

Judge was right to do so, you need to file an exemption application for the 125 Crpc.

You should move an application to set aside ex-parte proceedings within 30 days of the order passed.  It would  be set aside, after imposing nominal costs.  S. 125 cr.p.c. is quasi criminal, the respondent's presence is warranted unless, he moves application for exemption from personal appearance.  Further, as the matter involves indigence of the complainant, the judge wants to give immediate/interim relief to her.  Once initial mediation and interim relief is ordered, the judge would not insist the presence of husband until the wife's cross-examination.

Samarpan

My wife filed 24HMA in divorce petition and also Interim Maintenance in Crpc 125 petition. Now the case is in mediation. 

Dear sai narayana,

Judge cannot order any maintenaince u/s 125 CrPC at this point, he can only order maintenaince u/s 24 HMA.

First challange the maintenability of sec 125 CrPC on the ground " Multiple maintenaince petition not maintainable"