Stay of proceedings in family court
Querist :
Anonymous
(Querist) 16 June 2010
This query is : Resolved
Ld counsels,
My spouse has instituted criminal and civil proceedings on teh same cause of action. Civil proceedgins to annul the marriage due to fraud criminal proceeding for cheating on the self same allegations.
Criminal complaint was given first in order to pressurize me.
Can I seek to stay the proceedings in family court u/s 10 of CPC. since a similar ciminal case is under trial.
Please clarify.
Thanks
Querist :
Anonymous
(Querist) 16 June 2010
Ld counsels ,
To give more details, My wife had already taken all her belongings and have confimred this in her statement before the police but in teh civil suit she had claimed that the articles are stil with me and pryed for the restoration of the same. This lie is only to substantiate her claim that the marriage has broken due to my fault.
Can the criminal court order the similar relief of restoring the article if found with me. Also my wife had suppressed the first police complaint which was not registered as FIR in her civil suit before the faily court.
Can I stay the civil proceeding under section 10 and section 151 of CPC.
Please clarify. Thanks
Guest
(Expert) 16 June 2010
KINDLY NOTE THAT IN CIVIL COURTS CIVIL SUITS ARE FILED FOR COMPENSATION IN TERMS OF MONEY AND IN CRIMINAL COURTS CRIMINAL CASES ARE FILED FOR PUNISHMENT TO ACCUSED.
BOTH MATTERS ARE MAINTAINABLE.
BUT IN CASE YOU WISH TO STAY THE MATTERS THEN YOU MAY APPROACH SUPERIOR COURT FOR STAY.YOU WILL SUCCEED.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
Querist :
Anonymous
(Querist) 16 June 2010
Dear Mr. Nandakumar,
My main question is related t osec 10 of CPC. If the criminal court can restore the articles which was not restored by police why should the relief to restore the same in family court suit be maintainable.
Pls clarify.
Devajyoti Barman
(Expert) 17 June 2010
The pendency of criminal case does not operate as stay of the civil, case though the vice versa is. If both the involve the same ingredients then I would advise you to file the same in the criminal court to get the desired result.
