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1 - 9 of 9 (0.19 seconds)Section 24 in The Hindu Marriage Act, 1955 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra Karmarkar And ... on 17 July, 1991
8. The judgment of this Court in Ravindra Karmarkar's case (supra) is clearly distinguishable and cannot be applied on the facts and in the circumstances of the case, because in that case, Civil Court had already granted interim maintenance on the application filed by the wife and in that context this Court observed that the wife in that case cannot be allowed to ride two horses at a time i.e. she cannot be allowed to proceed with two simultaneous proceedings in different Courts for maintenance.
Section 127 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
Captain Ramesh Chander Kaushal vs Mrs. Veena Kaushal And Ors. on 22 August, 1978
10. The ratio of the decision of the Supreme Court in Capt. Ramesh Chander's case (supra) is, thus, clear that when there is final determination of a civil right by Civil Court, determination by the Civil Court must prevail against the decision of the criminal Court, but where determination of the Civil Court is not final and only maintenance under Section 24 of the Hindu Marriage Act has been awarded, there being no comprehensive adjudication on the question of maintenance, the jurisdiction of the Magistrate under Section 125, Criminal Procedure Code is not barred. Thus, merely because the wife has moved an application under Section 24 of the Hindu Marriage Act before the Civil Court where the proceedings for divorce and dissolution of marriage initiated by the husband are pending, the jurisdiction of the Criminal Court of entertaining the application under Section 125, Criminal Procedure Code seeking award of maintenance by the wife is not at all barred nor on that count the wife can be denied the maintenance under Section 125, Criminal Procedure Code if the case for award of maintenance under Section 125, Criminal Procedure Code is made out.
Vishwanath Pundlik Chavan vs Sau. Nirmala And Others on 6 February, 1991
This Court again in Vishwanath v. Nirmala, 1992 Crl.
G. Ramanathan vs Revathy on 16 March, 1989
5. Now, various citations relied upon by the learned Counsel for the parties may be considered, In G. Ramanathan's case (supra), the Madras High Court held as under:
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