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

868 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.

Advocate Deepanshu Gupta LawRato

818 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

Advocate Anjali Rajput LawRato

748 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.

Advocate Kirtika Mukesh Bura LawRato