Stay of trial of 125 Cr. PC Application
Devender Singh Rao
(Querist) 10 December 2009
This query is : Resolved
Dear All,
I have already filed an Suit for Declaration(Regarding Validity of Adoption Deed, i.e. Adoption Deed has been done fradulently) on behalf of the person who has adopted the child.At this time the Adopted child has filed an application U/s 125 Cr. PC.Is the trial of application U/s 125 Cr. PC is stayed & under which section, there is any case decided on this matter.Please help me.
Devajyoti Barman
(Expert) 10 December 2009
Your query is not clear to me.
One thing can be stated without understanding your problem and that is mere pendency of civil suit is no bar for any proceeding u/s125 of Cr.PC though the order passed in sec.125 Crpc will ultimately be decided as per the decisions passed in the civil suit if it materially involves the pre-requisites of sec 125 Crpc.
Arvind Singh Chauhan
(Expert) 10 December 2009
Barman Sir is quite right. You can file revision if any order against you, in session court. You can seek remedy to quash proceeding under 482 Cr.P.C.from HC
niranjan
(Expert) 10 December 2009
Both the proceedings are separate.Stay on the cri.proceedings cannot be granted by civil court.I agree with both the experts.
Raj Kumar Makkad
(Expert) 10 December 2009
Your quarry has already been replied and there is no chance of stay.
joyce
(Expert) 10 December 2009
I do adopt the answer stated by Mr Barman. u have filed a declration suit aganist the adopted father or on behalf of adopted father? here ur question is not clear.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 May 2014
There was no need for you to file declaration suit since as a rule many admissions crop in due to immaturity of the legal persons.
Even now no need to go for revision or 482 etc...
Object for legality of adoption in lower court. Unless legality is proved no further steps in 125 case is possible.
If court does not agree go for recall of process first in same court since court has no jurisdiction and if rejected than go for revision in sessions court.
The case will revolve in this puzzle only.
