Preventing Vagrancy and Destitution: Madras High Court Upholds Maintenance for Divorcee’s Children Under Section 125 Cr.P.C.

In a significant ruling, the Madurai Bench of the Madras High Court has reaffirmed the essence of Section 125 of the Criminal Procedure Code (Cr.P.C.), emphasizing its role in preventing vagrancy and destitution. The court, presided over by the Honorable Mr. Justice K.K. Ramakrishnan, dismissed a criminal revision petition (Crl.RC(MD)No.611 of 2023) filed by R. Ochap pan against an order granting maintenance to his children.

The petitioner, Ochappan, had challenged the maintenance awarded to his daughter, Keerthana, and his minor son. The original maintenance petition was filed by Keerthana, seeking support for herself and her brother following her parents’ divorce. The trial court initially dismissed the petition on procedural grounds, questioning Keerthana’s standing as a natural guardian for her brother. However, the decision was later overturned by a revisional court, granting monthly maintenance of Rs. 7,500 and Rs. 5,000 to Keerthana and her brother, respectively.

In his judgment, Justice Ramakrishnan highlighted the role of Section 125 Cr.P.C. as a social welfare tool, aimed at ensuring social justice to women, children, and destitute parents. “The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife,” the court observed, citing various Supreme Court decisions to reinforce its interpretation.

The High Court upheld the revisional court’s decision, stating that there was no legal impediment for Keerthana to file the maintenance petition on behalf of her minor brother. The court rejected the petitioner’s argument regarding his salary constraints and emphasized the current cost of living in determining the maintenance amount.

This judgment underscores the judiciary’s commitment to upholding social welfare laws and providing relief to those in distress, particularly in cases involving maintenance for children after divorce. The court’s decision is a significant step towards ensuring that children of separated parents are not left in a state of financial vulnerability.

Date of Decision: 09.01.2024

R.Ochappan VS Keerthana