LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kaatu Poochi (Kaatu Poochi&Co)     18 June 2014

Under order 39 rules 1 and 2, cpc

Dear experts, First I have filed RCR-Restitution of conjugal rights cases in family court after my wife family filed 498A/DVA/Maintenance case against me. Shall use Civil procedure Under Order 39 Rules 1 and 2, CPC to dismiss the criminal cases or stay the maintenance. What is the legal remedy of my issue. Kindly advice me how can I handle the Civil rules under order 39 CPC. I got the message from net. 

 

You have a legal remedy by filing an application before the family court dealing with you RCR matter under Order 39 Rule.1 of C.P.C. and seek interim relief by staying the criminal proceedings initiated against you. A civil court can stay the criminal proceedings if the matter of RCR is pending before the such civil court before the initiation of such a cr.complaint u/s 498-A I.P.C.

 

Any one guide me sir, I am in critical position.



Learning

 7 Replies

Dr J C Vashista (Advocate)     18 June 2014

What the query?   Are you teaching?

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 June 2014

Dear Client,

 It seems that you have not come to the Forum with clean hands.

In nutshell, No this can not over rule a Cr. proceedings in criminal court.

For further legal assistance,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748

Kaatu Poochi (Kaatu Poochi&Co)     18 June 2014

Dear advocates regret me.I am not a advocate and legal expert. I got some news from internet websites I also facing the same issue. So I want to know more about this. I came here for help receiving from honorable legal experts.

Kaatu Poochi (Kaatu Poochi&Co)     18 June 2014

Kindly understand my issue and clear my query. Under Order 39 Rule.1 of C.P.C,  I got the message from some online form. I also facing the same is issue what is the legal remedy of my issue.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     19 June 2014

1. First I have filed RCR-Restitution of conjugal rights cases in family court after my wife family filed 498A/DVA/Maintenance case against me.

 

A. YOU NEED ADVISE FOR THE ABOVE OK...

 

WHEN YOU HAVE FILED RCR ON SUFFICIENT GROUNDS AND YOUR WIFE DESERTED YOU WITH OUT A REASONABLE CAUSE YOU NEED NOT TO PAY MAINTENANCE CASE UNDER  MAINTENANCE CASE BUT YOU CAN'T AVOID TO PAY UNDER DVA PENDING ENQUIRY.

 

IF FILING 498A BY YOUR WIFE IS AN AFTER THOUGHT AFTER FILING RCR BY YOU, INVITE QUASH PROCEEDINGS IN CONCERNED HIGH COURT. 

 

2.Shall use Civil procedure Under Order 39 Rules 1 and 2, CPC to dismiss the criminal cases or stay the maintenance.

A. PROCEED WITH ENQUIRY OF COURTS IN CONCERNED COURTS UNDER HMA  AND Cr.P.C., BUT  NOT UNDER ABOVE MENTIONED CPC

 

3.What is the legal remedy of my issue. Kindly advice me how can I handle the Civil rules under order 39 CPC. I got the message from net. 

A. AT THIS JUNCTURE THE ABOVE MENTIONED LAW IS NOT HELPFUL TO YOU

 

 

GOOD LUCK.

Kaatu Poochi (Kaatu Poochi&Co)     19 June 2014

Honorable. SRINIVASA PRASAD Warangal A.P sir, Thank you very much my mind is clear now from the CPC rules. 

Sir, You have informed "YOUR WIFE DESERTED YOU WITH OUT A REASONABLE CAUSE"

What is the reasonable cause?? My wife filed the case only wrong verbal allegations. She not submit the document even not submitted my salary proof. I am a free lancer but she mentioned I am getting Rs.30,000 salary per month.

She informed court why she not live with me reason.

1. I asked dowry

2. I will give her s*x torture. etc.,

Is this sufficient reason?

What is the justic reason accept court? 

T. Kalaiselvan, Advocate (Advocate)     21 June 2014

@Kaatu Poochi:  I think you are getting confused by thinking a lot of thing which is not at all present.  Also asking too much of questions from too many people will not clarify anything properly instead they will be misguiding you, hence better be aware of this fact and clarify only what is important.  Civil rules will not ordinarily apply to Criminal law.If she has filed number of cases against you, you challenge them individually and properly, do not club everything together and get confused.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register