RAMESH CHANDER KAUSHAL versus VEENA KAUSHAL & ORS.

RAMESH CHANDER KAUSHAL versus VEENA KAUSHAL & ORS.

Section 125 CrPC allows a Magistrate to award maintenance up to Rs. 500/- for each claimant—wife, child, father, or mother—separately, and not Rs. 500/- jointly for all. Civil court’s interim order does not bar Magistrate from awarding higher maintenance; divorced wives retain right to maintenance unless otherwise adjusted by parties.

Parties
Petitioner: Ramesh Chander Kaushal; Respondent: Veena Kaushal
Jurisdiction
India
Judgment Date
27 April 1978
Procedural Posture
Special Leave Petition (criminal) No. 1268 of 1977 / Final Judgment and Order on Appeal
Outcome
Petition dismissed
Legal Topics
Maintenance Under Section 125 Cr PC, Interpretation of Statutory Ceiling, Rights of Divorced Women, Social Justice Provisions
Family Law Criminal Procedure Maintenance Under Section 125 Cr PC Interpretation of Statutory Ceiling Rights of Divorced Women Social Justice Provisions

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Parties

Ramesh Chander Kaushal

Petitioner

Veena Kaushal

Respondent

Procedural Posture

Special Leave Petition (criminal) No. 1268 of 1977 / Final Judgment and Order on Appeal

Legal Issues

  1. 1 Whether Section 125 of the Criminal Procedure Code limits maintenance for all claimants jointly to Rs. 500/- or for each claimant individually
  2. 2 Whether civil court's interim determination under Section 24 of Hindu Marriage Act affects the quantum awarded by criminal court under Section 125 CrPC
  3. 3 Whether divorced wife retains a right to maintenance under Section 125 CrPC

Ratio Decidendi

Section 125 CrPC allows a Magistrate to award maintenance up to Rs. 500/- for each claimant—wife, child, father, or mother—separately, and not Rs. 500/- jointly for all. Civil court’s interim order does not bar Magistrate from awarding higher maintenance; divorced wives retain right to maintenance unless otherwise adjusted by parties.

Court Disposition

Petition dismissed

Orders

  • Magistrate’s order awarding Rs. 1000/- for mother and two children upheld.
  • It is clarified that mere divorce does not end the wife's right to maintenance under Explanation (b) to Section 125 CrPC.