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sandeep (pvt service)     07 December 2015

Exparte order in 125 case

dear respected members please advise. due to dates missed by my lawyer, 125 case is declared exparte, that is the petitioner is allowed to proceed with evidence without cross and respondent is not allowed for evidence......i would like to ask, if merely the petitioner claims that the husband earns rs XXX  in her petition and oral evidence, and doesnt have any documentry evidence to prove her claim of husbands income, then.......

1) does the court grant maintainence only on the oral claim made by the wife?

2) does the court not ask for any documentry evidence from the wife? if she claims that husband earns rs 100000 and she wants rs 20000 then does the court straight away give rs 20000, just because the husband lost his opportunity to present his side of the story?

3) how does the court calculate the maintainence is such scenarios? where only oral evidence is given by wife, without any evidence and court is proceeding exparte without giving husband the chance to explain? .........the husband has already appealed in high court to make the case bi-parte, the case is still running.......

dear experts please advise. 


 8 Replies

Samir N (General Queries) (Business)     07 December 2015

If you do not follow-up on a regular basis on your own case, then you have to face the consequences. You cannot blame the Judge or for that matter even your lawyer.  If you don't give a damn about your own case, why should the lawyer? Of course, he has an ethical obligation, etc.. etc... but if you do not know enough about lawyers by now, you must be living on another planet. If you do not file any rebuttals to claims made by the opposite side, of course, the case will be ruled ExParte by accepting the factual assertions of your wife. I consider it VERY irresponsible for any man to simply not follow-up on an important case like 125 Cr.P.C. filed by his wife. 

Your best remedy at this time is to fie an application with the Court to set aside the ex-parte order... I think that you do not need to appeal this and can do this in the trial court itself. Please confirm this as I am not sure.  You will have to spend a lot of time and efforts on this...

A stitch in time saves nine... in your case, it will be ninety-nine.  Learn from this lesson and be more responsible in the future. 

1 Like

sandeep (pvt service)     07 December 2015

hi samir, thanks for your reply, i know it was careless on mypart, the problem was, i live in another state, so i used to followup with my lawyer on phone, on an ocassion i missed a date to call.  the lawyer missed, the case was set aside, again my lawyer missed the second date, this time it was exparte evidence, so we had filed an appeal in high court to set aside the exparte which is still  under consideration. so i wanted to know how would the judge consider my income?


Now a days a form has to be filled which gives all immovable and movable p[roperty details and income opf both spouses under litigation. Affidavit is given by both parties. Based on oral eviodence, affidaviot and the format filled out decision is taken as per norms set in various courts and need of claiming person and her life style

If the case has been made exparte you can get it vacated from High court and normallyone opportunity is given by court  imposing some fine.

Once a judge passed ex parte order he cant remove it.

Even after any adverse order passed you can prefer appeal and therepresent all detailos and get maintenance rectified. 

Please note 125 is a emergency measure under  Cr PC final order has to come from civil suit in family court and that decree is final.

YOu cna move family court and get maintenance fixed and 125 order will merge into it.

1 Like


Note if your lawyer missed the date give him notice and make his complaint in Bar council. This is serious professional misconduct. read online Bar council code of conduct for advocates.These are very tough. Ask your erring lawyer to go and get ex parte order vacated or face your complaint. Change lawyernow for further action

1 Like

sandeep (pvt service)     07 December 2015

thank you gupta sir, i had already filed my WS in reply to their petition. howerver after that the dates were missed. so even while passing an exparte order, will the court atleast take into consideration my WS?

thanks again


Yes magistrate should consider your reply on file as it was before signing case to proceed ex-parte.

Why peoplefear courts I cant understand. Courts dont adjudicate blindly.

I give my example. I won a money decree in chandigarh after that I migrated to jodhpur. The judgement debtor naturally filed appeal with session judge. I was not present any time .Even notice was ssent on chandigarh old address. case procceded exparte without a line from my side. Opposite LAWYERS TENDERED 5 AUTHORITIES IN CASE. AFTER 2.5 YEARS SESSION JUDGE SIMPLY DISMISSED THE APPEAL .Opposite  party though to take advantage of my abence and get dismissed  by exparte.

So relax!

1 Like

sandeep (pvt service)     08 December 2015

thnks gupta sir

KISHAN DUTT KALASKAR (Advocate)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.


With regards,

Legal Expert

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