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Maintenance case u/s 125 of cr.p.c (ex parte)

(Querist) 19 September 2013 This query is : Resolved 
In a Maintenance case u/s 125 of Cr.P.C., the Respondent submitted the Written Statement but did not participate after that due to some strange reason. (Ref:- http://www.lawyersclubindia.com/experts/Maintenance-u-s-125-of-cr-p-c-order-behind-the-back--423706.asp#.UjsgKtJHLwg)

The Application was finally allowed in favour of the Applicants seeking Maintenance.

In the Order passed by the principal Judge of the Family Court granting maintenance, nowhere written the Order passed is ex parte.

Query:-

(i) Will it still be considered as ex parte Order of Maintenance?

(ii) Any other and further suggestions!
Nadeem Qureshi (Expert) 20 September 2013
Dear Querist
my opinion on your queries are as under:
(i) Will it still be considered as ex parte Order of Maintenance?
Opinion: No,

(ii) Any other and further suggestions!
Opinion: you have the option to file revision/appeal before appellate court against this order.
Feel Free to Call
V R SHROFF (Expert) 20 September 2013
n a Maintenance case u/s 125 of Cr.P.C., the Respondent submitted the Written Statement but did not participate after that due to some strange reason.

The Application was finally allowed in favour of the Applicants seeking Maintenance.

In the Order passed by the principal Judge of the Family Court granting maintenance, nowhere written the Order passed is ex parte.

Query:-

(i) Will it still be considered as ex parte Order of Maintenance?
Ans : NO

(ii) Any other and further suggestions!

U MAY APPEAL/ GO FOR REVISION
Rajendra K Goyal (Expert) 20 September 2013
Well advised, nothing more to add.
mohanlal (Querist) 21 September 2013


An Application under Order 9, Rule 13 of C.P.C. may help?


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