145. Procedure.
(1) Proceedings under section 144 may be taken against any person in any district—
- where he is; or
- where he or his wife resides; or
- 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 advocate, 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.
(3) Where an order is made under this section against a person who is absent from Court, such person may, subject to such terms regarding payment of costs to the opposite party as the Magistrate may think just and proper, apply for setting aside such order on the ground that he had sufficient cause for non-appearance when the case was heard, and if the Magistrate is satisfied, he may set aside the order:
Provided that an application under this sub-section shall be made within three months from the date of such order.