ex parte order

Querist : Anonymous (Querist) 18 June 2011 This query is : Resolved
W filed an application under section 125 Cr.P.C for maintenance allowance from her husband H.He appeared in court,filed objections after some adjournments & then absented himself.on 15.2.2011 Court ordered to proceed ex parte & asked W to lead evidence.On 25.5.2011 i.e. after expiry of three months from the order dated 15.2.2011 & that too when W had completed her evidence & the application was posted for final order.Now my question is :Can court set aside ex parte proceedings taken by its order dated 15.2.2011?If yes how ?If not please cite some judgments/law with reference to S.126(2) (Proviso) Cr.P.C.
Independent/original views also?

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Arun Kumar Bhagat (Expert) 19 June 2011
Before passing of final order if the husband appears and cites reasons for his previous absentism then the court shall be pleased to pass contested order otherwise it would invite unnecessary proceedings in higher forums.

prabhakar singh (Expert) 19 June 2011
THE JURISPRUDENCE IS TO HEAR BOTH PARTIES,HENCE OFTEN SUCH EX PARTE ORDERS ARE SET ASIDE. HAVE A JUDGEMENT ON MERIT.YOU WILL GET THE AWARD.

Advocate Bhartesh goyal (Expert) 20 June 2011
Yes,court can set aside the ex parte order and allow the husband to participate the proceedings from the date of ex parte order.

Querist : Anonymous (Querist) 20 June 2011
There are some judgment in favour of the view the ex parte,as noted above can be set aside as the section speaks of the 'final order' but the judgments are other way round too.They say,if such an interpretation is allowed,the mischievous husband may disappear time & again thus playing hide & seek with the court thus defeating the purpose of the beneficial legislation.Even otherwise the word used in the sub-section is "orders" .Besides period mentioned is "three months".When a particular provision states limitation in itself,law of Limitation cannot be brought in aid for condonation of delay.In some High Courts' 'rules for the guidance of Subordinate Courts' it is stated that the 'period of three months' cannot be condoned on any grounds for setting aside ex parte order.This apart section no where states that it should be 'final order/or decree/award' which can be set aside if court is moved within three months.This includes the 'order directing to proceed ex parte'.It cannot be interpreted that if due tio high congestion in the courts it takes more that three months to close the ex parte evidence of the wife etc,the clever husband may ask for setting aside the proceeding even after one year or so.This does not make any difference that the court suitable compensates the petitioner-wife.But doesn't it frustrates the legislative intent of speedy justice to the wives suffering from vagrancy & having no means of sustenance.Will she bring her witness again for cross examination etc by the husband respondent & such like difficulties which are sure to prolong the proceedings to unending columns though the law requires the same to be disposed of summarily?
Out of my judicial quest, I request the friends/experts here to elaborately & convincingly reply this very important proposition of preferably with reference decided cases etc.
Thanks & regards.

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