Nirmal (Other) 15 March 2011

CrPC 125

My wife filed CrPC 125 in may 2010, after filing 498a in the same month. The court has sent a summon on 31-08-2010 to my office by speed post. That day was my off day, so it was not recieved. In the meantime I got transferred to another office. Today (15-03-2011) I got a call from my old office that a court letter came by speed post which I think is in the same 125 case. As I am no more working there the letter was not recieved.

My questions are:

1.Will the court consider this as refusal to accept the summons. Is there any standard procedure followed to serve the summon? If yes, what are they?

2. Why the summons were not served to my residential address?

3.Can the court pass ex-parte order of maintenance based on this? Whether I will get any chance to defend myself?

4. Is there any procedure to be followed in 125 case, from summons to execution?

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6 Replies

M.Sheik Mohammed Ali (advocate) 16 March 2011

yes the court has enlarge power if you are avoid or ignoring the notice, the court made public notice in newspaper, if you not listning that notice also the court give exparte order against you,

Nirmal (Other) 19 March 2011

I am not ignoring the summons. But the summons are served on the wrong address i.e. to my old office. As they are sending it to the wrong address will it amount to ignoring the notice/summon? they could have send the summons to my home address. won't they send the summons to my home address?

Nirmal (Other) 24 March 2011

I came to know yesterday that only one summon was served in my 125 case. The day the summon was brought to my office was my off day . I t can be proved from my office records. So I was not in office on that day and the postman sent it back remarking "refused " on the summon. And hence the ex-parte order for 125 was passed. I don't know why the postman did so but it can easily be proved from my office record that i was not in office on that day. My lawyer is saying that nothing can be done once an order has been passed.

What can I do now?

She has deserted me . She is living away from me on her own. She got admitted to a 2 yrs residential course in a college on her own hiding her marital status without my knowledge and/or consent. Can she take such a decision on her own as she is my legally wedded wife. will it not amount to desertion? Can maintenance be denied on the basis of this? We have no children. She stayed with me for 10 months only. What shall I do now?

Nirmal (Other) 24 March 2011

Please help me. The question is not about money. It is about principle. I am not at fault. I wan't to prove that I was not wrong. Please give some valuable suggestion.

Thanks.

Nirmal (Other) 25 March 2011

Please give me some suggestions .

Thanks.

Nirmal (Other) 04 April 2011

The ex-parte order was passed on 11-02-2011. She filed CrPC 128 on 05-03-2011. The next date is 11-05-2011 (which is 3 months from the date of ex-parte order).

Whether I have to pay maintenance by 11-05-2011?

If i don't pay by that date whether the court will issue warrant?

Whether the Court will decide the mode of payment? or I can decide?