Application Under Section 126, Cr.P.C.

BEFORE THE HON'BLE COURT OF…………………..
Criminal Application No. ………………… of ………….
(Under Section 126, Cr.P.C.)

District…………………………..
Sri…………………….. S/o……………….. R/o…………………… P.S. ………………. District …………….
....Applicant

Versus

Sri ……………….. W/o……………….. D/o …………………… P. S. ………………. District …………….

……….......						…Opposite Party

To

The Hon'ble Judge of the aforesaid Court.

The humble applicant most humbly showeth as under:

1. That the applicant is the husband of the opposite party.  Both the parties are Hindus.

2. That the opposite party had filed an application for maintenance under Section 125, Cr.P.C. against the applicant.

3. That the said applicant was registered as Case No. ……………. of 20…… Smt. ………………… v. …….………….. Sri ……………… in the aforesaid Court.

4. That the applicant had filed his objections against the application under Section 125, Cr.P.C. on ……………………in the aforesaid case.

5. That the Hon'ble Court was pleased to fix ………………………….for the evidence and final hearing of the said case.

6. That on the said date the employees of the U. P. Roadways went on strike.

7. That the applicant resides at………………………which place is at a distance of ………………… kms. from the Court and the only means of transport is through Roadways.

8. That on account of the strike of the Roadways employees on …………………….. the applicant could not come to the Court and could not present himself when the said case was taken up the Hon'ble Court.

9. That as the Counsel for the applicant was engaged at the Court of Sessions in Case No. ………………….. of 20 …….. at that time, he also could not attend the Court when the said case was called on.

10. That consequently the Court was pleased to pass an ex parte order of the maintenance in favour of the opposite party on ……………………….

11. That the opposite party was not entitled to any maintenance and her case was devoid of merits.

12. That an irreparable harm has been caused to the applicant by the ex-parte Order dated………….

13. That the present-application is being filed within the period of limitation.

14. That the ex-parte Order dated……………. is liable to be quashed.

PRAYER

It is, therefore, most respectfully prayed that the Hon'ble Court may be pleased to set aside the ex parte order dated ………………. passed in case No. ……….…………… of 20………… Smt. …………..…………….. v. Sri ………………………on such terms and conditions as it deems fit in the circumstances of the case.

Date ……………				Advocate for the Applicant