Legal Question in Family Law in India
Stay in civil matter till the criminal trial is disposed off and applicability o
Four years ago my wife had filed a police complaint under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act. It was made to harass, mentally torture and make an irreparable loss in our reputation and prestige in the society, so that my younger brother and sister get affected in their marriage proposal. The allegations being false, frivolous and fabricated, she has not even once appeared in the court and the trial is still pending in the court of J. M.F.C. Thereafter one & a half year of this complaint, she filed a maintenance appln u/s 18(1) of Hindu Adoption and maintenance act, 1956 in the court where she currently resides and not where this criminal case is pending. In case if this civil appln is allowed and maintenance is granted then will I/we be held convicted on this ground in criminal case. Since the contentions and allegations made in both the cases are same, can the civil proceedings be stayed without granting interim maintenance (She is receiving Rs. 500/- p.m. under Cr.P.C 125) u/s section 10 read with section 151 of C.P. C. or under any other sections/act, till the criminal case is disposed off. Is limitation act applicable in this maintenance case.
1 Answer from Attorneys
Re: Stay in civil matter till the criminal trial is disposed off and applicabili
It is very unfortunate that you have been harassed for such a long time for no fault of yours. If both the courts where the cases are pending come within the jurisdiction of the same High Court, It would be better that you approach the High Court and get all the cases (for maintenance) transferred to the same court. However, this is possible only if at least one of the courts is a family court, because civil courts cannot grant relief u/s 125, Cr. P. C., but family courts have jurisdiction under both Cr.PC and civil law. It is not possible to have the prosecution and other cases together. If the trial in the criminal prosecution is not commenced, you should approach the High Court claiming violation of the right to speedy trial. If you are in Kerala, I might be ableto help you.
Regarding payment of maitnenance, the civil court is bound to take into consideration maintenance paid under the Cr.P.C. while enforcing its decree for maintenance. So make sure that you bring to the notice of the Civil Court the fact that you are paying maintenance U/s 125, Cr. PC.
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