25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

s..i..n..g..h.. (member)     23 December 2011

Nature of proceedings in crpc 125/civil/criminal

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



Learning

 10 Replies

Manav Kalia (Arguing my own cases..)     23 December 2011

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..
1 Like

(Guest)

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.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 December 2011

it is quesi criminal & queshi civil nature

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

The proceedings are cicil in nature, the liability criminal.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

s..i..n..g..h.. (member)     26 December 2011

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 (Legal Evangelist - TRIPAKSHA)     27 December 2011

no

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

Strictly speaking NO.

 

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

 


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

s..i..n..g..h.. (member)     27 December 2011

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

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

Rightly stated. Let it be rejected.

 


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

shaikh sattar dawood (advocate)     02 May 2012

It is pious obligation; close to the civil nature. Viewing its social importance it is introduced in Cr. P. C. so as to attain strict enforcement.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query