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