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M.S.SONAK
Siddharth N. Banthia – Appellant
Versus
Smitha S. Banthia – Respondent
M.S. Sonak, J.—Heard Mr. Soni, learned counsel for the petitioner.
2. The petitioner husband challenges the order dated 4th June 2016 made by the Family Court, Pune rejecting the petitioner’s application under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) to stay the proceedings, i.e., Petition No. 84 of 2012, in which, the respondent - wife, has applied for declaration that her marriage with the petitioner is null and void.
3. The petitioner, applied for stay of proceedings in the civil suit on the ground that the respondent wife has initiated criminal proceedings alleging that the petitioner has committed offences under sections 420, 406, 467, 471, 474, 376, 323, 504, 506(1) and 494 of the Indian Penal Code, 1860 (IPC) and such proceedings are pending in the Sessions Court, Pune.
4. Mr. Soni, learned counsel for the petitioner, submits that unless the civil proceedings are stayed, the petitioner, will face sever embarrassment in the criminal proceedings before the Sessions Court. Mr. Soni submits that complicated questions of law and fact are involved in both the matters and therefore, applying the law laid down by the Supreme Court in case of M
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