Legal Question in Criminal Law in India

Maintenance order under section 125

I have filed maintenance under section 125.Interim order has already been passed.Magistrate has asked my husband to appear in the next hearing .My husband works abroad.My lawyer is saying he will not allow my witness until my husband appears.My lawyer is also saying that if my husband will not appear then he will ask the magistrate to give ex-party maintenance order.MY question is that my husband advocate is appearing in every hearing and if my husband will not appear in 125 case even though his lawyer will appear.Can magistrate still give ex-party order?


Asked on 5/01/09, 11:16 am

5 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Maintenance order under section 125

in case the magistrate has not allowed the permanent exemption of your husband to appear, he would allow your petition and pass judgment. its a criminal complaint and the court may decided the maintenance as per evidence on record. where is ur case pending.

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Answered on 5/01/09, 2:28 pm
Pranav Desai PD Legal & Associates

Re: Maintenance order under section 125

It depends on the tage at which the matter is. If the court has given direction for your husband to appear in the event of his non-appearance the matter will proceed ex-parte.

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Answered on 5/04/09, 5:29 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenance order under section 125

Yes exparte order can be given only if the court has not exempted your husband from appearance.

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Answered on 5/02/09, 1:03 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Maintenance order under section 125

If husband is represented by a duly instructed lawyer with instructions to conduct matter in his absence, then physical presence of husband is not necessary.

If your husband appeared in the matter through is lawyer, then no ex-parte order can be passed.

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Answered on 5/02/09, 1:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Maintenance order under section 125

You may insist for implementation of the interim order and the court may pass final order ex parte if statement of the opposite party is not recorded.

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Answered on 5/01/09, 11:41 am


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