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joy   30 March 2016

Can i get stay order in crpc 125 cross and evidence stage?

Dear Experts,

1. Wife filed first 498A and after that CRPC 125 notice is received. Still 498A trial is not started but I have received early date of CRPC 125

Can I pray to stay the cross proceeding and 125 and evidence stage because I may have to give evidence which can be helpful in 498A trial. Since I may have to produce evidences in 125, those may be used against me.

Please help me to face trial of 498A first and then CRPC 125. How can I approach and how to pray for stay in CRPC 125 case?

Thank you for all the help


 3 Replies

Rajiv kumar (abc)     30 March 2016

I may not be able to give very technical information on stay order. but fundamentally it would not be possible at all to get stay on 125 Crpc. 

Crpc 125, it will cause you to pay a small amount of money as maintenance , but sooner or later cases would be falling in your favor if you pay money. 

In my view everyone facing family cases need to understand the fundmental notion of judiciary in this process. No one have time to go into details of husband wife fight. By applying 498a and other brutal things, the notion was to strengthen the women. but the application of them in indian society is actually breaking families. 

By asking you to pay money, they are trying to solace her ( whatever be the truth) and wait if she tries to come back genuinly. 

you need to be very calm and composed ( which would be very difficult while observing injustice against you). Nothing will happen you, its pressure game , be resilient and calm. 

Try to understand the politics of every component in this game. Everyone is trying to give enough space to that woman so that she may come back. 498a or Domestic violence everything is fake and it is known to judiciary. 

Socialism and Politics is the essence of the game, although cases are criminal  in nature. which is only to intimidate you. but you should not. be ready to pay and think you got to have an accident. 

1 Like

Adv Shrikiran.B (Advocate)     30 March 2016

Dear Joy,

498A and 125 Cr.P.C are two different proceedings and you have to fight out both the cases on merit separately.The court may not entertain your petition for a stay in 125 Cr.P.C in order to help you out in 498A. All you can do is prolong the 125 Cr.P.C  till the time the trial is over in 498A. However, it will completely depend on the circumstances and the discretion of the judge to grant you time.Engage a senior and competent lawyer to help you out.

Adv. B.Srikiran



Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     31 March 2016

There is no need for you to worry with respect to divulging the evidence you intend to give before the criminal court . The stage for you to provide evidence before the criminal court shall come after the evidence of the state has concluded and hence it does not matter even if You dovulge the said information by way of evidence in the petition u/s 125 crpc

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