Procedure
AI Assist
Summary
Maintenance proceedings may be started in any district where the person is, or where he or his wife resides, or where they last lived together, or where the mother of an illegitimate child lives. Evidence must be taken in the person’s presence or, if his attendance is dispensed with, in the presence of his pleader and recorded like a summons-case. If the Magistrate finds wilful avoidance of service or attendance, he may hear the case ex-parte; any ex-parte order can be set aside within three months for good cause, on such terms including costs as the Magistrate thinks proper.
Example
Priya files a maintenance petition against Arjun in the district where he now lives. The Magistrate records evidence in Arjun’s presence; when Arjun stops attending court and wilfully ignores service, the Magistrate proceeds ex-parte. That ex-parte order can be set aside if Arjun applies within three months and shows good cause, possibly on terms including payment of costs.
Bare Act
Enacted text(1) Proceedings under section 125 may be taken against any person in any district-
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(a) where he is, or
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(b) where he or his wife resides, or
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(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(2) All evidence to 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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