CrPC Section 126 — Procedure

CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

General

Summary

Sub-section (1) says proceedings under section 125 may be brought against a person in any district where (a) that person is, (b) that person or their wife resides, or (c) that person last lived with their wife or, where relevant, with the mother of the illegitimate child.

Sub-section (2) says evidence in these proceedings must be taken in the presence of the person who may be ordered to pay maintenance, or, if that person’s personal attendance is excused, in the presence of their pleader. The evidence must be recorded in the manner prescribed for summons-cases. If the Magistrate is satisfied that the person is wilfully avoiding service or wilfully failing to attend court, the Magistrate may hear and decide the case without that person present. An order made in that way may be set aside for good cause shown, on an application made within three months from the date of the order, and on any terms the Magistrate considers just and proper, including payment of costs to the other party.

Sub-section (3) says the Court may make any order about costs in applications under section 125 that it considers just.

Official Text

(1) Proceedings under section 125 may be taken against any person in any district—

(a) where he is, or

(b) where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

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