Q: In which case was an ex-parte order set aside in maintenance under Section 125 of Cr.P.C?

Ans: If an application is moved to set aside the ex- parte order, then the Magistrate will examine the same. Application is to be made within three months from the date of passing the ex-parte order. The Court in dealing with applications u/s 125 of the CrPC shall have the power to set aside such order as to costs as may be just.

In the case of Mohd. Naim Siddiqui v. Sultana Khatoon, the Court clarified that an ex-parte order u/s 125 CrPC to be set aside where the husband was not served.
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