RATNAKAR GUPTA Vs. SHANTI DEVI GUPTA

JUDGEMENT

(1.) THIS is an application under section 482 CrPC against the order of the Magistsate refusing to stay the proceedings under section 125 CrPC.

(2.) THE man (applicant) filed a suit against the woman (opposite party) saying that the marriage between him and the woman be declared nullity on the ground that the woman had been married to a third party who was alive on the date of marriage and the woman married the applicant concealing that fact. This suit was filed in the district where the man lived. THE woman filed an application in the High Court for transfer of that case from the district saying it was not safe for her to visit that district where the husband resided. In those proceedings the bearing of suit was stayed by the High Court. THE woman filed a case under section 125 CrPC for maintenance in the district where her father resided. THE man applied that the proceedings of this case by stayed till the decision of the suit filed by him. THE trial court refused to stay the proceedings. Against that order the man filed the present application.

(3.) IT is not the case that in case the Magistrate decides against the husband the husband will be debarred from establishing his right in the Civil Court and he will suffer on account of a summary remedy. Section 127 (2) CrPC provides that in consequence of any decision of the Civil Court the order of maintenance passed under section 125 CrPC can be cancelled or varied. So in this case if the man succeeds in his suit that has been filed in the Civil Court for declaring the marriage to be a nullity, he can get the order passed in proceedings under section 125 CrPC varied.