Ex-party order in case of sec 125cr.p.c

Querist : Anonymous (Querist) 19 March 2010 This query is : Resolved
the N.A in case of sec.125cr.p.c after filing vakalatnama of Adv.did not file written statement and also not appeared in court for contesting the matter in this circumstances whether the maintenance order passed by the court are called Ex-party order and whether the N.A is entitled to set aside it u/s 126cr.p.c

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n.k.sarin (Expert) 19 March 2010
Order is Ex party and you can file application for setting aside it.

Parveen Kr. Aggarwal (Expert) 19 March 2010
Proceedings under section 125 of the Cr. P. C are essentially civil in nature and upon non-appearance of the Non-Applicant (respondent) or his counsel, the court may proceed against him ex parte and pass order for maintenance. The proviso to section 126(2) of the Code of Criminal Procedure, 1973 is clear and unambiguous:

"Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms at to payment of costs to the opposite party as the Magistrate may think just and proper."

N RAMESH. (Expert) 19 March 2010
Mr.Parveen has given correct reply and as Mr.Sarin said, you can file application to set aside the exparte order.

Raj Kumar Makkad (Expert) 19 March 2010
I ave also the similar opinion as of other exoerts.

G. ARAVINTHAN (Expert) 20 March 2010
Already similar queries are answered in detail

RAKHI BUDHIRAJA ADVOCATE (Expert) 20 March 2010
Agreed with the views of my Ld. friends.

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