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Dadi Uma Mahesh (NA)     22 February 2010

Can Cr.P.C Section 125 be pronounced Ex-Parte Decree?

Dear Forum members,

I Want to Know If Court can pronounce Ex-Parte Decree to Wife under Cr.P.C Section 125 in the absence of Respondent?    If yes what would be the Maintenance Amount?     If no Why?



 13 Replies

Trinadha Rao (NA)     22 February 2010

Mr. Dadi Uma Mahesh,

As far as I understand, A suit instituted under Section 125 of Cr.P.C cannot be pronounced Ex-parte in the absence of respondent..


(Guest)

After due service of notice, the respondent husband does not turn up for court proceedings, the court can proceed ex-parte in Section 125 cr.p.c. cases.

Dadi Uma Mahesh (NA)     26 February 2010

Dear Prabhakar,

For all other Cases Your stand would be correct, but here the Question is case of Ex-Parte judgement in Sec 125 of CR P C maintenance , Please Think it over..................?????.What would be Basis of Compensation to petioner without following the Principal of Natural justice to Respondent?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 February 2010

hellow uma ji,

ex party decission is applicable to 125 CRPC also. when the notice issed, accepted by the respondent or willfully neglect the notice of the court  then  the court automatically, followed the principlas of natural justice by way of this. but if the notic not received by the respondent and not appeared delibaretly before the court, then the case is diffrent. if the case is such, then effected one may apply before the higher court for just.

the basis of compensation is same as others. most probably the maximum limit is rs 2500/- when sanctioned by thana.

Dadi Uma Mahesh (NA)     27 February 2010

Dear Sir,

In the above mentioned Scenario1 , Lets Assume The Petitioner gets Ex-Parte Maintenance Decree, How did the  judgement has been informed to the Respondent and implemented, because he (respondent) has not contested the Case.

Scenario2: Suppose Respondent Income is Zero then What?


(Guest)

I agree with Mr. Gupta in respect of "principles of natural justice", but add that there is no power to thana to award the maintenance of Rs.2500/- or less than that or more than that.  There is no limitation u/s 125 cr.p.c.  But thana does not have power.

Coming to the execution of Section 125 order (either in contested or ex-party case), the procedure is:  Before issuing arrest warrant for execution of the order, the court has to resort to Section 421 (1)(a) and 421(1)(b) to recover the amount in the manner provided for levying fines.  Ordinarily an attempt to recover the amount by issue of warrant has to precede imposition of sentence.

Refer T.K. Ramakrishnan Vs. Subhadra (II 2009 DMC 96)

Dadi Uma Mahesh (NA)     27 February 2010

Sir,

Can you elaborate little about Section 421 (1)(a) and 421(1)(b) with reference to Execution of maintenance?

Scenario.1. Lets Assume Arrest Warrant is issued against the Respondent, In such a Scenario, Can the Respondent (against whom the Ex-Parte decree pronounced) pay the maintenance amount on the arrival of Police for arrest?

Victim_Kol (Middle Executive)     27 February 2010

In my case interim order for 2000/r p.m. has come out. An amount of Rs. 14000/- pending from the date of filing the case is to be given to my wife. My lawyer is planning to appeal for installments on the next date of hearing.

If my wife's side cry for not allowing me to pay in installments, what will happen ?

Victim_Kol (Middle Executive)     27 February 2010

Moreover, the notice which I have recewived from the court (with signature of the Magistrate), doesnot show the date of payment on it. It only shows the next date of hearing on it.

My lawyer informed me that another date prior to the date mentioned has been annouced to appear before the court, to pay the money.  So it means, wife's lawyer is trying to play foul, so that I miss the date and they can get an arrest warrant against it.

Can we produce the notice without the date to the court to show their foul play ?

Victim_Kol (Middle Executive)     01 March 2010

On what basis is the maintainence amount calculated ? The Gross Salary of the Husband or the Basic Pay only ?


(Guest)

About 1/3rd of the net income, if the deductions from gross salary appear to be legal, logical and not deceptive.

Victim_Kol (Middle Executive)     01 March 2010

https://www.lawyersclubindia.com/articles/Maintenance-under-Section-125-Cr-P-C-From-the-date-of-app/2665/

Dear Friends, can anyone explain the above article please ?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 August 2010

Dear Author,

There is the provision of ex-parte under section 125 cr.p.c. and wife can get maintenance minimum amount  while considering the husband's income as per minimum wages act, if the wife doesn't have any proof of her husband's income. Foer further details u can call me at 9871158578.


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