Section 126 of CrPC : Section 126: Procedure

Explanation using Example

Imagine a woman named Sunita who is seeking maintenance from her estranged husband, Rakesh, under Section 125 of the Code of Criminal Procedure, 1973. Rakesh has moved to another city, while Sunita continues to reside in the matrimonial home in Mumbai. Sunita can initiate proceedings under Section 125 in Mumbai because it is where she resides, which is one of the jurisdictions specified under Section 126(1)(b).

During the proceedings, Rakesh is required to be present in court. However, Rakesh deliberately avoids receiving the court summons. After multiple attempts to serve the summons, the Magistrate believes Rakesh is willfully avoiding service. Consequently, the Magistrate decides to proceed with the case ex parte under Section 126(2), meaning the hearing will go on in Rakesh's absence. Later, Rakesh can challenge the ex parte order if he provides a valid reason within three months for not attending the court.

Additionally, the court may order Rakesh to pay the legal costs incurred by Sunita during these proceedings, as per the powers granted under Section 126(3).

In a similar case occurring in Andhra Pradesh or Telangana, the law would allow Sunita to file the proceedings in a district where her parents or children reside, thanks to the state amendment to Section 126(1)(b).