Cr.P.C 125

Querist : Anonymous (Querist) 24 July 2010 This query is : Resolved
Que.1.Dear Experts, Please let me know whether 125 Cr.P.C is applicable only for maintenance cases or any more meaning to this section?

Que.2.In Case of Ex-pate Order under this section 125Cr.P.C, Does the wife is liable to send the Order copy to Respondent before going for Execution of Petition as the Order was done in the absence of respondent?

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Yamalapalli Haribob (Expert) 24 July 2010
125 cr.p.c is only aaplicable to maintainance cases.this section is applicable to wifes,parents,chilldren,un married daughters,who are abonded by their father,son,etc.there is no obligation on the wife to send order copy to her husband who was set exparty in the said petition before going execution by wife.At best the husband can file a set aside petition within 60days from the date of orders if he had knowledge about passing of ordes.As per recent judgements the husband can file set aside petition as per c.p.c.also

s.subramanian (Expert) 24 July 2010
i endorse the view of Mr.haribob

Devajyoti Barman (Expert) 24 July 2010
No requirement to send notice of the judgement before the execution of the order of maintenance.

adv. rajeev ( rajoo ) (Expert) 25 July 2010
It is only applicable to maintenance. wife might have sent to the order copy just to bring to the knowledge of the husband because it is an ex-parte order.

Arun Kumar Bhagat (Expert) 25 July 2010
Wife has to send a demand notice claiming maintenance awarded by the Court.

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 August 2010
Sending copy of the order is the technical matter since once you apply for recovery of mainatainance amount the notice has to be served.

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