PUSHPRAJ JAIN Vs. SARIKA JAIN

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS revision petition is directed against the order dated 20.12.2014 passed by the Court of Principal Judge, Family Court, Jabalpur in Misc. Case No. 121/2014 [Smt. Sarika Jain and another vs. Pushpraj Jain], whereby learned Principal Judge has allowed the application for interim maintenance under section 125 of the Code of Criminal Procedure filed on behalf of respondents Smt. Sarika Jain and her daughter Priyanka and directed applicant Pushpraj Jain to pay a sum of Rs. 5000/ - per month to respondent Sarika and Rs. 2500/ - per month to respondent Priyanka by way of interim maintenance till the disposal of respondents' case filed under section 125 of the Code of Criminal Procedure. It was further directed that in case the respondents were receiving any amount by way of interim maintenance under Hindu Marriage Act, the same shall be adjustable against aforesaid amount.

(3.) IN support of aforesaid argument, learned counsel for the applicant has also placed reliance upon the order passed by Punjab and Haryana High Court in the case of Mamta Rani vs. Raj Kumar reported in Divorce and Matrimonial Cases -I (1985) DMC 141. However, it has been held by the Supreme Court in the case of Sudeep Chaudhary vs. Radha Chaudhary, : AIR 1999 SC 536 that amount awarded under section 125 of the Code of Criminal Procedure is adjustable against the amount awarded in matrimonial proceedings under section 24 of the Act as alimony to wife. In the case of Captain Ramesh Chander Kaushal vs. Mrs. Veena Kaushal and others, : AIR 1978 SC 1807, the Supreme Court held that broadly stated; a final determination of a civil right by a civil Court must prevail against a like decision by a criminal Court; however, this principle has no application to a case where, pending proceedings under section 125 of the Code of Criminal Procedure, a Civil Court has passed an interim order of maintenance for the wife in a proceeding for divorce by the husband because it is not a final determination under the Hindu Adoptions and Maintenance Act but only an order pendente lite under section 24 of the Hindu Marriage Act.