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april 1978

Supreme Court of India · 1978-04-27

RAMESH CHANDER KAUSHAL vs VEENA KAUSHAL & ORS.

Citation / case number
SC 1977/61653
Court
Supreme Court of India
Petitioner
RAMESH CHANDER KAUSHAL
Respondent
VEENA KAUSHAL & ORS.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that Section 125 of the Code of Criminal Procedure is designed to provide social justice, particularly for women and children, and should be interpreted with a focus on social relevance as mandated by Article 15(3) and Article 39 of the Constitution. The Court clarified that each claimant for maintenance is entitled to a maximum of Rs. 500, and the Magistrate's award of Rs. 1000 for a mother and her children collectively was within his jurisdiction. The Court also ruled that a divorce does not terminate the right to maintenance, which continues unless the parties reach an agreement on the matter.

RAMESH CHANDER KAUSHAL vs VEENA KAUSHAL & ORS. · Niyam