Writ petition for “stay order” in maintenance proceedings
mohanlal
(Querist) 15 December 2011
This query is : Resolved
1. Thee are two cases has been instituted against me by my wife.
2. One is a criminal case u/s 498-A, which is instituted first, and subsequently a maintenance case u/s 125 Cr. P. C. by my wife.
3. Bother cases are based on the same false allegations.
4. The investigation is the criminal case is still pending (total nine months passed from the date of registration of FIR).
5. But in maintenance case the proceedings has been started and the written statement (WS) has been asked by the court (Family Court) in the matter.
Is it possible to get “Stay Order”, from the concerned High Court under “Writ Petition”, on the proceedings of family court because matter, which is lodged before the maintenance case, is still under investigation and is pending before criminal trial court?
Regards!
Raj Kumar Makkad
(Expert) 15 December 2011
Evey husband is bound to maintain his wife if she is unable to maintain herself irrespective of the charges leveled in the application seeking her maintenance. You cannot absolve on the ground of pendency of investigation in 498A IPC complaint/FIR. There is no law supporting your case.
Shonee Kapoor
(Expert) 15 December 2011
NO.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 16 December 2011
This is absolutely no ground for Writ petition.
mohanlal
(Querist) 16 December 2011
If I submit my written statement about some allegation against me, doesn’t it amount to the “abuse of the process of a court” in which the matter is pending (apart from the said 498-A case) before the court since 2 years?
Raj Kumar Makkad
(Expert) 16 December 2011
How you can make allegation against yourself in the written statement?
Can you explain your query?
Shonee Kapoor
(Expert) 20 December 2011
Not at all, because the outcomes are different and would give different reliefs to the lady.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
