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R Banerjee   04 August 2018

125 crpc

My friend's wife withdraw herself from his society two year back. My friend filed a Mat Suit u/s 9 Hindu Marriage Act. But her wife filed 125 crpc & at the maintenance case she was showcaused by the court as she was absent in the first hearing. Now my question is is my friend's appearance compulsory in the next date ? What will happen if my friend will absent in the next date by filing absent petition in the next date for hearing ? What will the court may order if my friend's wife will also absent on the next date ?


 6 Replies

R Banerjee   04 August 2018

what my friend's will do in the next date ? Can he filed absent petition through his advocate as he will be busy with his work ?

SOLOMON.RAJ (advocate/director)     05 August 2018

Mr. Benerjee,

It is not clear as per your query if your friend has already filed a vakalat . If filed you can always file a absent petition .

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.

R Banerjee   05 August 2018

Yes.... My friend's lawyear already submit Vakalatnama and as I previously mentioned that his wife was also absent at the first date of hearing and showcaused by the court. Now if my friend filed absent petition on the next date through his advocate, can the court take any adverse step against him ? Is there any posibilities of ExPartee order made in favour of the wife ?

R Banerjee   01 October 2018

As I told you previously that my friend's wife filed 125 crpc against my friend. After miling the case she was absent on last date .... Ld Court ordered for Showcause for the Petitioner / Wife . But on the last saturday which was fixed by court for submitting showcause she along with advocate came to tge court and submit Showcause in written And Court gave another date for Evidence.
Now my question is what will be the business on the next date ? How my friend can defend himself ?
Plz suggest your valuable advice.....

Martin S.   01 October 2018

If she does not have source of income and if you have source of income, court will order to pay you money if at all divorce is granted. If divorce is not granted yet, then the 125 will keep going on and on date after date.  Once the divorce case is decided, the 125 case also will be decided.

If in case divorce case is dismissed, 125 will also be dismissed.  Hope you got the point. 

R Banerjee   02 October 2018

Does Court order for interim maintenance on monthly basis during the process of 125 crpc ?

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