Description

This provision outlines the jurisdiction, procedure, and conduct of proceedings under Section 125, which deals with maintenance claims.

Jurisdiction for Filing Maintenance Proceedings

A maintenance case under Section 125 can be filed in any district where:

1. The respondent (person from whom maintenance is claimed) is currently residing.
2. The respondent or his wife resides.
3. The respondent last resided with his wife or the mother of the illegitimate child.

Procedure for Recording Evidence

• Evidence in these proceedings must be recorded in the presence of the respondent (the person against whom maintenance is sought).
• If the respondent's personal attendance is excused, his pleader (lawyer) must be present.
• Evidence must be recorded in the manner prescribed for summons-cases (a simpler and quicker trial procedure).

Ex-Parte Proceedings in Case of Willful Avoidance

• If the Magistrate is satisfied that the respondent is deliberately avoiding service of notice or neglecting to attend Court, the Magistrate may:
  • Proceed ex-parte (in the absence of the respondent).
  • Make an ex-parte order for maintenance.
• The respondent can apply to set aside the ex-parte order within three months, provided he shows good cause.
• The Magistrate may impose conditions, such as payment of costs to the opposite party, while setting aside the ex-parte order.

Court’s Power to Award Costs

• The Court has the discretion to award costs in maintenance cases as it deems just and proper.