Section 125 crpc

Guest (Querist) 25 November 2010 This query is : Resolved
I have filed a case of section 125 crpc maintenance on my husband, my case hearing is dated in december last week. But my husband in punjab and iam in gujrat. so i want to know,that if my husband doesn't appear in court on date of hearing, and how many hearings he can skip in section 125 crpc ??? Court gives how many chances,and still if the person doesn't appear then does court takes any action ??? and if yes what is it ???? Basically i want to know how long my husband can restrain himself from apprearing in court at gujrat for this case ???? Please tell me ?

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Devajyoti Barman (Expert) 25 November 2010
The court does not requie the physical presence of the husband for hearing.The court only needs to be satisfied as to whether the husband is served with the notite of this case or not. If yes, then it can hear you even if he is absent or unrepresented. If not then you have to wait till you could satisfy the court the the husband has received the summons.

Guest (Querist) 25 November 2010
Thankyou sir , but the court papers will reach at the police station not on the residential address of my husband. so how can he deny that he didn't get the notice. Because police will go their house and will inform them about the notice, this is the procedure. so in this how can my husband deny, it is very much legal thing.

Khaleel Ahmed Mohammed (Expert) 25 November 2010
If your husband failed to present before the court on the day of hearing. You may force to get exparte orders. Certainly court may award such orders. Need not worry about his presence.

Devajyoti Barman (Expert) 25 November 2010
If the notice is served then the police defnitly inform the court. moreover you could also pray for sending the notice by registered post.