Procedure
Section 126 of the Code of Criminal Procedure Act deals with procedure. Proceedings under section 125 may be taken against any person in any district- - (a) where he is, or (b) where he or his wife resides, or & Code® (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(1) Proceedings under section 125 may be taken against any person in any district- - (a) where he is, or (b) where he or his wife resides, or & Code® (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(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-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.
Section 126, The Code of Criminal Procedure Act (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 126
What does Section 126 of the Code of Criminal Procedure Act deal with?
Section 126 of the Code of Criminal Procedure Act is headed "Procedure". Proceedings under section 125 may be taken against any person in any district- - (a) where he is, or (b) where he or his wife resides, or & Code® (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
How do I find court cases under Section 126 of the Code of Criminal Procedure Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure Act 126, section 126 Code Criminal Procedure Act, section 126 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 126 of the Code of Criminal Procedure Act, and has it changed?
Its own text turns on section 125 (Order for maintenance of wives, children and parents), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Code of Criminal Procedure Act enacted?
Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25553 words
- 320. Compounding of offences1305 words
- 164. Recording of confessions and statements1142 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1114 words
- 437. When bail may be taken in case of non-bailable offence998 words
- 220. Trial for more than one offence960 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.