LAWS(MAD)-1986-7-41

K MATHIAZHAGAN Vs. MALADEVI

Decided On July 21, 1986
K Mathiazhagan Appellant
V/S
MALADEVI Respondents

JUDGEMENT

(1.) THIS is a petition to quash the proceedings under Section 125 Crl. P. C. After filing of the petition, the petitioner -husband had filed another petition restricting his prayer to only staying the proceedings under Section 125 Cr1. P.C. pending before the Judicial First Class Magistrate Salem.

(2.) THE wife filed before the Judicial First Class Magistrate Salem, a petition under Section 125 Crl. P. C. claiming maintenance to the tune of Rs. 500 p.m. for herself and another sum of Rs. 500 p.m. for her child. Previous to this proceeding, the wife had filed O.P. 56 of 1981 before the Sub - Court, Salem, for restitution of conjugal rights. That petition was dismissed on 11 -9 -84 by the trial court holding that there was no proof of marriage between the parties. On appeal by the wife, the Additional District Judge, Salem, by judgment, dated 18th April, 1985, held that there was a valid marriage and accordingly allowed the petition for restitution of conjugal rights filed by the wife. As against, the judgment, the husband preferred C.M.S.A. 32 of 1985 before the Court and it was admitted. He has also filed a petition for stay which is still pending.

(3.) THE case of the petitioner is that in view of the pendency of civil proceedings, there is no ground for criminal proceedings which therefore should be quashed or at least stayed.