Sec 125 summons not served, but can ex parte happen?

Unless there is valid service of a summons under section 125 Crpc, no exparte order may be passed.

Police complaint she can file. Noone can stop her from doing that, Buit if you take certain prte emptive steps in advance then u can take bail suitably and then fight it out comfortably.

Augustine Chatterjee

9999931153

Thank you Augustine Chatterjee. Just one query. I haven't committed any crime. If wife can't locate me, that can't be a crime! I feel she can at best file a missing person complaint. if she were desperate, she could have emailed me at least, or even inboxed me on facebook, to prove that she wants to come and live with me. She hasn't! So where does my risk of getting arrested come from? Kindly clarify!

Dear Mr Sunil,

In fact you are misguided by someone and not thinking as per the legal clauses. As per the CPC service of the summons can be made by various moods out of which there is one publication mode as the Substitute/ alternate method of summoning where the summons are either pasted on the door of the persons last residence or at the notice board of the Court or by way of the publication in the news paper with the circulation area of the same of the defendant / respondent person and in his known language only  and this way of the summoning of summons is recognised as per the Odr V R 20 proceedings . Only after taking the Substitute/ alternative measures of the summoning the court can pass the ex-party orders where the Defendant or respondent does not attend the proceedings of the court. So please do not think in that way that they will search you anymore and only your physically receiving of the summons will affect the course of action on their part.

The question of getting arrested shall arise only when she files a complaint u/s 498-A or any other related criminal provision before a court or a police station.

Under 125 proceedings the question of being arrested shall only arise if the mkaintenance is fixed by the court and despite that you dont pay it. Its a very far fetched thought.

These days the best way to check on things is to go the website of the appropriate courts and see if there has been a filing. If there is one, it is better to respond to it rather than to avoid service. If you get an Ex Parte order against you, it will take more time and efforts to get it overturned. Why not nip it in the bud? As for arrest, etc., in family matters, stay cool. I was facing similar apprehensions during my initial dispute period... Was in the dark about the applicable law. There can be no automatic arrest and in family dispute matters, certainly not. Unless of course, you have been violent against your wife and have committed serious violent crimes in which case, you will end up in jail any way, if not today, in the future for sure.