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.