An ex parte order may be passed by the Magistrate hearing maintenance application ndash ........

Code of Criminal Procedure (CrPC) 1973 Maintenence

An ex-parte order may be passed by the Magistrate hearing maintenance application –

If the person against whom an order for payment of maintenance proposed to be made is willfully avoiding service

If the person against whom an order for payment of maintenance proposed to be made is willfully neglecting to attend the Court

If the person does not lead evidence

Both (a) and (b)

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Explanation:

Proviso to Section 126(2) of Code of Criminal Procedure –
Section 126 of Code of Criminal Procedure –
126. Procedure. (1) 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.