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Devender Singh Rao (Lawyer)     10 December 2009

Stay of trial of 125 Cr. PC Application

Dear All,

I have already filed an Suit for Declaration(Regarding Validity of Adoption Deed, i.e. Adoption Deed has been done fradulently) on behalf of the person who has adopted the child.At this time the Adopted child has filed an application U/s 125 Cr. PC.Is the trial of application U/s 125 Cr. PC is stayed & under which section, there is any case decided on this matter.Please help me.



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 3 Replies

N.K.Assumi (Advocate)     10 December 2009

Very interesting issue. Firstly, I m of the view that proceedings under section 125 CrPc is summary only and rebuttal of evidence for maintenance is not that strict as in 494 IPC, but if the proceedings have started you can show that the adoption is not valid and also show that declaratory suit is pending in civil court for the same and pray to the court for stay of the summary proceedings under section 125 CrPc;  til disposal of your declaratory suit. But stay of criminal procedings pending civil proceedings is discreation of the court only. wait what other members also says in this interesting statements of Law.

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N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     11 December 2009

Tell us, whether wife has moved the petition on behalf of alleged adopted child or soneone else?

Rajadiraja (Advocate/consultant )     29 January 2010

I have a related query in this regard.  After the marraige has been declared null and void, DV case is filed by mother against the father of the child for maintenance , and during the proceedings under the DVA,  child (aged 6 yrs) represented by mother, has filed an  application U/s 125 Cr. P for maintenance.  All these for the sake of maintenance.  How can the respondent stay the proceedings of 125 Cr. P for maintenance in the family court. 


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