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sivanand (advocate)     13 April 2013

Crl slp in supreme court

Dear Experts Please Advice me on this

Husband After Dismissal of  his two Rivisions in Maintenance Case before Metropolitan Sessions court and Highcourt, filed Criminal SLP before Hon'ble Supreme court and the Supreme court issued notices to Wife. Again the Husband filed a petition before the Trial Court U/s125(5) & 127(2) Read with 125(1&4) of CRPC. where maintenance petition filed by his wife is allowed. Is the petition is maintainable? does it not amount to comtempt of court i.e. (while Crl.SLP is pending before the Supreme court filing criminal petition on same grounds before the Trial Court?).



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 3 Replies

Tajobsindia (Senior Partner )     13 April 2013

1.    It shows Apex Court admitted respondent husband Appeal matter but did not grant Stay.

2.    The remedy for wife now is to accept the Apex Court Notice and inform trial Court similar matter is seized by Apex Court hence sine die the proceedings of Husband.

3.    Normally trial Court in such matters give long dates upon hearing respondent Husband.

sivanand (advocate)     13 April 2013

Hi Tajobsindia,

 

Thanks for your Response,

The three points you mentioned is what exactly happened. As you sai the trail court gave 35 days of adjournment. I have one more question what happens to the 125(3) petition moved by the wife for maintenance arrears ? I really appreciate your advice in this

Tajobsindia (Senior Partner )     13 April 2013

1.    It should proceed as such are summary matters and based on social cause (sari, sindoor and glycerin).

2.    But last time Court gave relief to husband this time husband meanwhile if not able to get any favourable Order in his SLP will still agitates and Court will again give long date is what I feel may happen. Reasoning:- It takes a very strong willed PJ / APJ / Ld. Judge to make independent decision when matter seized by SC Court (as he is not bound down in absence of any Stay order transmitted via Registery office to him) you and we all know that (for the records). It is just matter of whose voice is louder making the ld. Judge understand follow the procedure in such cases which is to say 'proceed on S. 125 (3) CrPC' !

3.    To avoid that happening if LDOH matter in trial Court (adjourned) was very fresh then suggested to proceed immediately to Sessions Court (now Sessions hearing is on daily basis and since this is summary matter even it can proceed ex part) where wife should summarily agitate and get direction to trial Court to proceed in accordance with law, however this should be done before husband’s SLP comes for hearing before SC and 35 days adjournment period is not lapsed!

All above and previous advice (assume they were oral adduced and are not part of court records) are suggested without prejudice to either party’s rights or no need to know whose side you represent! J  


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