Stay the 125 cr.p.c proceeding under civil suit.
basavaraj shiromani
(Querist) 12 January 2013
This query is : Resolved
a woman filed a petition for maintenance U/s 125 of Cr.P.c. But the man denies the marital status with the said woman. Now the petition is posted for evidence. Subsequently man filed a suit for declaration as she is not a legally wedded wife wherein he wanted to stay the 125 Cr.P.C proceedings.
Under what provision he should file an application to stay the maintenance proceedings under civil suit ? So please provide that if there are any rulings in this regard.
Raj Kumar Makkad
(Expert) 12 January 2013
There is no specific provision for stay rather this section itself requires the establishment of marital relation of petitioner and respondent with each other as husband and wife and if wife fails to prima-facie establish this relationship, no order thereon can be passed so there is no need to obtain stay order rather let the petitioner perform her duty.
Arvind Singh Chauhan
(Expert) 12 January 2013
Sir I agree with Raj Sir.
There is case law but not to the exact point, analyze it-
Held that during the pendency of a filed regular civil court petition under Section 24 of HMA, wife also simultaneously filed a parallel petition under 125 Cr.P.C. of the Code. It was held that the petitioner wife could not be allowed to ride two different horses at the time (two simultaneous proceedings in two different courts) and could not be permitted to continue the maintenance proceedings under section 125 Cr. P.C. when she has already chosen the alternative remedy by filing first a regular civil court suit for maintenance. It is well established that the judgment of the civil court shall prevail over the judgment of the criminal court. The natural justice demands that parallel proceedings cannot be allowed to continue in different courts.- Ravinder Haribhau Karamkar V/s Shaila Ravinder Karamkar, 1992, Cr. L.J. 1845- Bombay
If civil proceeding for maintenance has been started, proceeding under 125 ought to be stayed- (Cr.L.J. - 1992-page-1845.)
Devajyoti Barman
(Expert) 13 January 2013
sorry the the case u/s 125 crpc can not be stayed.
prabhakar singh
(Expert) 13 January 2013
In your case wife has utilized remedy under s 125 Cr.P.C while husband has utilized a civil remedy,the two proceedings are different and can go side by side.
ajay sethi
(Expert) 13 January 2013
yes proceedings in 125 Cr pC wont be stayed . fight case on merits
