Judgment This application is filed by the applicant, challenging the judgment and order of the Additional Sessions Judge, Latur in Criminal Revision No. 150/2000 dated 5.5.2001, confirming the judgment and order of the Judicial Magistrate, First Class, Ausa in Criminal Misc. Application No. 73/1998 dated 10.11.2000. 2. It is the case of the applicant that marriage between applicant and respondent was solemnized on 25.5.1989. After marriage they resided together for nearly one year. A son was borne to the applicant through respondent. But, the son died on 17.3.1991. 3. It is the case of the applicant that on 17.3.1991 the father of the respondent took the respondent to his house at Masalga (Bk), Tal. Ausa. Thereafter, many meetings and persuasions were made, but the respondent did not come and stayed with the applicant. Due to strained relations criminal cases were filed including a case under section 498-A, 323 r/w. 34 of Indian Penal Code against the applicant and his family members. All these proceedings were dismissed and the applicant and his family members were acquitted. It is the case of the applicant that as a last step applicant filed Hindu Marriage Petition No. 22 of 1993. The Civil Judge, Senior Division, after hearing both the parties, delivered judgment with observations that the respondent/wife deserted the applicant and they cannot stay with each other due to strained relations. So the marriage between the applicant and respondent was dissolved. Further, the learned Civil Judge, Senior Division while passing decree of divorce, passed order in the same judgment to the effect that respondent/applicant shall pay Rs.500/- p.m. to the petitioner/respondent till her remarriage. 4. In June 1998 the respondent/wife filed Criminal Misc. Application No. 73/1998 against the present applicant for grant of maintenance under section 125 of Criminal Procedure Code. The said application came to be granted on 10.11.2000 by the Judicial Magistrate, First Class, Ausa, District Latur. 5. The applicant filed revision in the Court of Sessions Judge at Latur, challenging the order of Judicial Magistrate, Ausa in Criminal Misc. Application No. 73/1998. The said revision came to be dismissed on 5.5.2001. Hence, this application under section 482 of Criminal Procedure Code is filed by the applicant. 6. The learned counsel appearing for the applicant submitted that the Civil Court has already passed the order and directed the applicant to pay Rs.500/-p.m. to the respondent towards the maintenance. 7. Application No. 73/1998. The said revision came to be dismissed on 5.5.2001. Hence, this application under section 482 of Criminal Procedure Code is filed by the applicant. 6. The learned counsel appearing for the applicant submitted that the Civil Court has already passed the order and directed the applicant to pay Rs.500/-p.m. to the respondent towards the maintenance. 7. It is further case of the applicant that the appeal arising out of Hindu marriage petition is pending before the District Judge, Osmanabad, but there is no stay to the decree of divorce, granted by the Civil Judge, Senior Division. Therefore, he submitted that there is no locus for the respondent to move the criminal Court under section 125 of Criminal Procedure Code. The advocate for the applicant further submitted that the decree of divorce is passed on the ground that wife/respondent has deserted the applicant. It is further submitted that as the order in Hindu marriage petition is not at all finally decided because the appeal is pending before the lower appellate Court, the present applicant and respondent are still husband and wife. It is true that the divorcee can claim maintenance, but the wife who is guilty of not coming to the husband since more than two years, is not entitled for maintenance. Besides, when there is already order of grant of maintenance by the Civil Court, then the respondent can not be allowed to ride on two horses at one and the same time. The learned counsel further submitted that the application filed by the wife under section 125 of Criminal Procedure Code is not maintainable. 8. The learned counsel for the applicant further invited my attention to the judgment in the case of and submitted that in para 17 of the said judgment, it is observed that, The non-applicants could not be allowed to ride on two horses at a time (two simultaneous proceedings in two different Courts) and could not be permitted to continue the maintenance proceedings u/s. 125 of Criminal Procedure Code when they had already chosen the alternative remedy in R.C.S.No.227/86. It is well settled law that the judgment of Civil Court shall prevail over the judgment of Criminal Court. The natural justice demands that parallel proceedings cannot be allowed to continue in different Court. 9. It is well settled law that the judgment of Civil Court shall prevail over the judgment of Criminal Court. The natural justice demands that parallel proceedings cannot be allowed to continue in different Court. 9. On the basis of para 17 of the said judgment, the learned counsel for the applicant submits that already the Civil Court has granted Rs.500/- p.m. as maintenance to the respondent/wife and therefore, the further direction in the criminal proceedings under section 125 of Cr.P.C., directing the applicant/husband to pay further maintenance amount was not justified. 10. The learned counsel further invited my attention to the judgment in the case of 2001 (1) Crimes 1 and submitted that once the decree of divorce is passed in favour of respondent on the ground of cruelty and desertion, the husband would not be liable to pay, not only future maintenance, but even the arrears of maintenance to the wife. 11. Though the respondent is duly served, none appeared for the respondent. 12. In my considered view, without going in to other details of the matter, after decree of divorce is passed, whether the wife is entitled for maintenance under section 125 of Cr.P.C., is not the relevant question in the present application. The question which falls for consideration before this Court in this application is that when already wife is getting Rs.500/- p.m. towards maintenance amount in civil proceedings and the appeal arising out of Hindu marriage petition for grant of decree of divorce in favour of applicant, is pending before the lower appellate Court, whether the J.M.F.C. can pass the order under section 125 of Cr.P.C., granting maintenance under the said section. 13. In my considered view, once there is order by the Civil Court granting maintenance of Rs.500/- p.m. to the respondent till her remarriage and when the appeal arising out of Hindu marriage petition in which the applicant is granted decree of divorce, is pending before the lower appellate Court, it is not open for the J.M.F.C. to grant maintenance under section 125 of Cr.P.C. Therefore, in the facts and circumstances of this case, the application succeeds. This Court, while granting rule in this matter on 10.12.2001, has granted interim relief in terms of prayer clause "E". In view of interim order, the recovery of maintenace amount in Misc. Criminal Application No. 73/1998 is stayed till further orders. 14. This Court, while granting rule in this matter on 10.12.2001, has granted interim relief in terms of prayer clause "E". In view of interim order, the recovery of maintenace amount in Misc. Criminal Application No. 73/1998 is stayed till further orders. 14. In the result, the judgment and order of the Additional Sessions Judge, Latur in Criminal Revision No. 150/2000 dated 5.5.2001, confirming the judgment and order of the Judicial Magistrate, First Class, Ausa in Criminal Misc. Application No. 73/1998 is set aside. However, it is clarified that, though the decree of divorce is passed against wife on account of her deserting the husband, wife can claim maintenance allowance under section 125 of Criminal Procedure Code and the plea of desertion by wife cannot be treated to be an effective plea in support of the husband’s refusal to pay her the maintenance allowance. This view is taken by the Apex Court in the case of Application is disposed of accordingly.