Nirmal (Other) 30 April 2014

Crpc 125

My wife has filed cases under IPC 498a, 406, 34 and 506 in may 2010. In august 2010 she had filed CrPC 125. I didnot receive any summon for CrPC 125. Order was passed ex-parte for Rs.3000 p.m. maintenance in february 2011. I came to know about the same for the first time in march 2011, when she filed for execution under CrPC 128. As I did not had any legal knowledge and various people (including some lawyers) advised me that I have no choice other than to pay the maintenance. Actually I could prove that she deserted me.

Now I would like to know:

1. Can I ask for retrial of CrPC 125 as it was ex-parte? If yes what I need to do?

2. Can I appeal to Session / High Court? If yes, please tell me how?

Thanks & Regards.

Nirmal

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6 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 30 April 2014

You have remedy to file application against the ex parte order under S. 125 before the same court or you can file appeal before the sessions court within one month from the date of order.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 01 May 2014

There is no appeal before SESSIONS COURT or even revision before HIGH COURT in such cases.

You have to approach the lower court only first for setting aside the exparty order so there will be regular hearing.

If exparty order is not set aside you can go to revision in SESSION COURT for setting aside the exparty order it will be allowed.

Biswanath Roy (Advocate) 02 May 2014

Under any circumstances you shall have to pay maintenance to your wife even if it is ex-parte. If you challenge ex-parte order in that case the Learned Court will direct you to pay a lump sum amount as arrears of maintenance. There are thousand of such cases in favour of wife hence, you cannot escape from the liabilities of such payment.

T. Kalaiselvan, Advocate (Advocate) 02 May 2014

An exparte order shall be liable to be modified or cancelled on the respondent being heard. The petitioner wife if chooses to stay away from her husband voluntarily without any proper reason, she may not be entitled to a grant of an order in her favor under the said provisions. Thus you may file a petition to set aside the exparte order on the grounds stated by you in the above post.

Biswanath Roy (Advocate) 02 May 2014

Considering the views of experts I reiterate with my views as posted above..

Nirmal (Other) 05 May 2014

Thanks all,

The ex-parte order in CrPC 125 was passed in February, 2011. It is now more than 3 years. Can I still ask for setting aside the ex-parte order and ask for retrial.

If yes, then how?

Regards.