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Maintenance case 125crpc, disposed uncontested--ex-parte


05-Feb-2024 (In Divorce Law)
My wife filed a maintenance case under 125 crpc, but i found it disposed, nature of disposal: uncontested--ex-parte, I never got cort letter regarding my case, can you elaborate what does it means exactly?
Answers (2)

Answer #1
570 votes
It means that the case has been decided in your absence. Without your presence the court has awarded the reliefs sought by your wife in the case. Usually the court sets a person Ex-parte only after proof of acceptance of notice. In your case as you allege that you did not receive any notice from then court, the order passed by the learned judge is illegal and ought to be set aside. For further legal advice contact our team.
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Answer #2
989 votes
It means the case has been disposed in your absence. You can file a petition U/s- 126 (2) crpc to set aside the ex parte order which can be passed in your favour with a direction to pay a certain amount as cost.
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