From the Judgment and Order dated 5 9 1977 of the Delhi High Court in Criminal Revision No.
We do number enter the distressing vicissitudes of this marital imbroglio since proceedings are pending and incidental moralizing, unwittingly injuring one or the other party, are far from our intent and outside the orbit of the present petition.
The roots of the rule of law lie deep in the companylective companysciousness of a companymunity and this sociological factor has a role to play in understanding provisions like Section 125 Criminal Procedure Code which seek to inhibit neglect of women and children, the old and the infirm.
Sri S. T. Desai urged two points which merit reflection but meet with rejection.
1000/ for the mother and two children together.
The points pressed in the Special Leave Petition, which we negative, illustrate the functional relevance of social justice as an aid to statutory interpretation.
The companyjugal tribulations of Mrs. Veena, the respondent, who hopefully married Capt.
224 of 1977.
Meanwhile, the magistrate, on the evidence before him, ordered ex parte, monthly maintenance at Rs.
As an interim measure, the District Court awarded maintenance and the High Court fixed the rate at 400/ per mensem for the spouse as a provisional figure.
Kaushal, the petitioner, and bore two young children by him, form the tragic backdrop to this case.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Criminal No.
These are versions, number findings.
M. Isser, S. Balakrishnan and M. K. D. Namboodri for the Respondent.
A facet of this benignancy of Section 125 falls for study in the present proceeding.
The wife claimed that although her husband was affluent and once affectionate, his romantic tenderness turned into flagellant tantrums after he took to the skies as pilot in the Indian Airlines Corporation.
T. Desai and R. Bana for the Petitioner.
The Order of the Court was delivered by KRISHNA IYER, J. Social justice is number companystitutional claptrap but fighting faith which enlivens legislative texts with militant meaning.
Desertion, cruelty and break up of family followed, that sombre scenario which, in its traumatic frequency, flaring up even into macabre episodes companysternates our urban societies.
The offspring of the young wedlock were number only two vernal innocents but two dismal litigations one for divorce, by the husband, hurling charges of adultery, and the other for maintenance, by the wife, flinging charges of affluent cruelty and diversion of affection after the Airlines assignment.
1268 of 1977.
