Crpc 125

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.

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.

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.

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.

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

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.