Legal provisions regarding Procedure for Maintenance under section 126 of the Code of Criminal Procedure, 1973.
(1) An application for maintenance under Section 125 of the Code may be filed in the court of first class Magistrate in any district where he is or where he or his wife resides, or where he last resides with his wife with the evidence that the applicant is unable to maintain himself or herself, in addition to the facts that the person against whom the demand for maintenance has been made has sufficient means to maintain the applicant and that he has neglected or refused to maintain the applicant. No period of limitation has been prescribed for filing an application for maintenance.
(2) All evidence in 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-case.
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ADVERTISEMENTS:
However, if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully 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. Here the period of limitation of three months begins from the date of the knowledge of the ex parte order to the aggrieved party and not from the date of the passing of the order.
(3) The Court in dealing with applications under Section 125 shall have power to make such order as to costs as may be just.
An inquiry under Sections 125 and 126 is not a trial, nor can the result of such inquiry be considered as a conviction or acquittal.