Section 488(6) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(6)All evidence under this Chapter shall be taken in the presence of the [person against whom an order for payment of maintenance is proposed to be made] [Substituted by Act IV of 1998, Section 2.] or when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed in the case of summons-cases :Provided that if the Magistrate is satisfied that he is wilfully avoiding service, or wilfully neglects to attend the Court, the Magistrate may proceed to hear and determine the case ex parte. Any order so made may be set aside for good cause shown, on an application made within three months from the date thereof.
