Krishna 13 January 2023

Crpc 125 ep petiitions

We got a stay from high court on orders passed in EP petitions in CRPC 125 by the family court. The main interim maintenance order was under revision at high court. There is no stay on interim maintenance orders.. Can a family court pass orders on subsequent EP petitions when the previous orders were suspended on the same subject matter and grounds are same? . Any relevant judgements.Pl help

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3 Replies

Pradipta Nath (Advocate) 13 January 2023

Please read the order, you need to follow the order of the High Court. If stay is granted only on the 125 crpc petition and not on the interim maintenance order, you are not supposed to interpret at your own convenience.

Dr J C Vashista (Advocate) 13 January 2023

As you have stated that you have obtained stay of execution of family court order, it is in vogue and valid till it is vacated or overruled by Supreme Court, no need to research judgment is required on the subject.

Subsequent EP would automatically be stayed.

Sandeep Pamarati (Advocate) 21 January 2023

Yes, the FC can. The stay was only on the EPs that got filed already. The Interim Order is not stayed so it is liable for future EPs. Read first proviso under sec 125(3) Cr.P.C.