Rejection of interim application of maintenance in Hindu personal law does not debar criminal court from granting maintenance
Broadly stated and as an abstract proposition, it is valid to assert, as Sri Desai did, that a final determination of a civil right by a civil court must prevail against a like decision by a criminal court. But here two factors make the principle inapplicable. Firstly, the direction by the civil court is not a final determination under the Hindu Adoptions and Maintenance Act but an order pendente lite, Under Section 24 of the Hindu Marriage Act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable. Secondly, this amount does not include the claim for maintenance of the children although the order does advert to the fact that the respondent has their custody
Supreme Court of India
Captain Ramesh Chander Kaushal vs Mrs. Veena Kaushal And Ors. on 22 August, 1978
Equivalent citations: AIR 1978 SC 1807, 1979 CriLJ 3, (1978) 4 SCC 71
https://www.lawweb.in/2012/11/rejection-of-interim-application-of.html
