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Saptarshi Paul (Advocate)     17 June 2013

Crpc 125 ex-parte

In a maintenance case of 125 CRPC, the husband never received any Notice/summon, on the basis of return of Postal A.D card which was addressed of SP of the District where the Husband reside, the court has made ex-parte order of maintenance.

Now, We are interested make Criminal revision  U/s 397 CRPC against this order rather than go for set aside the same under sec- 126 (2) CRPC.

Kindly provide some case reference of the Hon’ble Supreme Court to set aside such ex-parte order which was passed without proper service of notice.

 

regards



 2 Replies

Hemang (Advocate)     17 June 2013

Is it an interim order of maintenance passed? or that it is a final order disposing the entire application? 

Saptarshi Paul (Advocate)     18 June 2013

It is Final Judgement by the court


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