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Case filed of section 125 CRPC, husband not appearing, what to do


29-Sep-2023 (In Criminal Law)
I had filed CRPC 125 approx 15 month ago since than husband has not attended a single date so far. My lawyer is not doing anything everytime he just take the new date. I am living with my parents and getting frustrate as judge is saying if this time he will not come will close the case as we dont have any proof of his income as he run his on cab in OLA. Our lawyer everytime asked for the RC of husband how can we bring his RC. Normally in such scenarios judges pass the decree in favor of wife by ordering husband to give maintenance to wife but here we are seeing a different picture. Kindly advise what should we do in such circumstance.
Answers (4)

Answer #1
151 votes

Section 125 of the Code of Criminal Procedure (CrPC) in India provides a legal remedy for wives, children, and parents who are unable to support themselves. It allows a Magistrate to order a person with sufficient means to pay monthly maintenance to their dependent wife (including divorced wives), minor children, or elderly parents. The main goal of this section is to prevent destitution and ensure basic financial support for vulnerable family members, promoting social justice and responsibility within families.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
529 votes
Hello, Whether the notices are served upon him? If not, try different mode of service. If yes, insist on proceeding ex parte. If your lawyer is not working for your good than you can directly ask the Court for the same. It doesn't matter if Income proof of your husband is not available, court can pass an exparte order for maintenance after considering the fact you have provided.
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Advocate Deepanshu Gupta

Adv. Deepanshu Gupta

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Answer #3
801 votes
Hi i would suggest that you Change your lawyer. Section :125 crpc interim maintenance should have been decided within 3 months. Second thing please confirm that proper service of summons have been effected upon him. Judge can not dismiss the case only because the other party is not appearing.. either there is defective service or some other problem with your case. "Normally in such scenarios judges pass the decree in favor of wife by ordering husband to give maintenance to wife but here we are seeing a different picture." exactly... that is the senario.. i see that the lawyer may not have told u the appropriate pic. plse change a lawyer of go inspect the judicial file your self...for any further query feel free to contact. thanks and regards
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Advocate Anjali Rajput

Adv. Anjali Rajput

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Answer #4
893 votes
Yes judge can pass an ex-parte order but for its effective application you would still need your husband to pay off as per the order. You try to find out his immovable assets so that you can execute the order passed under section 125 crpc and get some money. Else it is difficult. Try to get his property details as that would help.
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Advocate Kirtika Mukesh Bura

Adv. Kirtika Mukesh Bura

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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