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Discussion > Family Law > Maintenance > Nature of proceedings in crpc 125/civil/criminal   Unanswered Threads Post New Topic

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s..i..n..g..h..


member
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Posted On 23 December 2011 at 18:57 Report Abuse

Please tell friends what is the nature of proceedings in crpc 125 i read somewhere that it is quasi civil

i think this mean half civil and half criminal

so confused

what will be civil nature in proceeding u/s 125 and what will be criminal nature in  proceeding u/s 125

actually i got a judgement where adhra high court invoke cpc 151 to take passport of husband in a matrimonial dispute , can i use application under cpc 151 to pray for the same in crpc 125 case which is running in civil court

i am pleading party in person in this case



Manav Kalia


Arguing my own cases..
[ Scorecard : 685]
PRO CHAT CALL
Posted On 23 December 2011 at 20:18

I think that the nature of crpc 125 is more criminal than civil. One point is it involves prison sentence. Also it is part of Criminal Procedure Code not civil procedure code. It is definitely quasi criminal with emphasis on criminal..


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S.GANESAN--------------


JUDGE
[ Scorecard : 5925]
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Posted On 23 December 2011 at 21:01

IT IS  CIVIL .  BUT COMBINATION OF BOTH PROCEDURES. FILING , VAKALAT,  CROSS EXAMINATION OF PARTIES (PARTLY HEARD), ARREST BODY WARRANT,  ATTACHMENT PROCEDURES. I CONLCUDE IT IS PURELY A CIVIL RIGHT GUIDED BY CRIMINAL PROCEDURE CODE.



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Nadeem Qureshi 9953809956


Advocate/ nadeemqureshi1@gmail.com
[ Scorecard : 12523]
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Posted On 24 December 2011 at 22:48

it is quesi criminal & queshi civil nature



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Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39337]
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Posted On 26 December 2011 at 13:15

The proceedings are cicil in nature, the liability criminal.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com



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s..i..n..g..h..


member
[ Scorecard : 270]
PRO CHAT CALL
Posted On 26 December 2011 at 16:42

whether i can use petition under cpc 151 in case of crpc 125  for passing injunction that she will not leave the country till pendency of trial/or depositing of passport


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39337]
PRO CHAT CALL
Posted On 27 December 2011 at 00:26

no



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Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39337]
PRO CHAT CALL
Posted On 27 December 2011 at 00:27

Strictly speaking NO.

 

However I have seen in Delhi family courts this application is accepted.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com


Total thanks : 1 times

s..i..n..g..h..


member
[ Scorecard : 270]
PRO CHAT CALL
Posted On 27 December 2011 at 13:00

can i file application if the case is running in civil court


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39337]
PRO CHAT CALL
Posted On 27 December 2011 at 22:53

Rightly stated. Let it be rejected.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com




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