125 of cr.p.c.

PRASAD CHAVHAN (Querist) 31 January 2014 This query is : Resolved
Sir, My wife make maintenance case on me and without my presence court give this final order that i have to pay rs. 4000 per month. now they give me summons that to be present on 4 feb. 2014 what can i do, my advocate told me to make appeal in high court mumbai please give me a proper advice. and what can I do on 4 th Feb. Please give me proper solution because i am a computer hardware engineer, i am just repairing computer on call basis, i have no office, and my sister is just data entry operator in WNS company she is not a Software Engineer. I am In tension very much .

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Devajyoti Barman (Expert) 31 January 2014
You can file petition u/s 126 crpc in the same court to set aside the ex parte order.
If it is rejected then only go to high court or sessions court.

Dr J C Vashista (Expert) 01 February 2014
I agree with Mr. Barman.

Rajendra K Goyal (Expert) 01 February 2014
Well advised, agree with the expert Devajyoti Barman ji.

Advocate. Arunagiri (Expert) 01 February 2014
I agree with Mr.Barman.

R.K Nanda (Expert) 01 February 2014
NOTHING TO ADD MORE.

T. Kalaiselvan, Advocate (Expert) 03 February 2014
If it was an exparte order, you may file a petition u/s126 for setting it aside or else appeal is the next solution.

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