BHAGWAN DUTT versus KAMLA DEVI AND ANR.

BHAGWAN DUTT versus KAMLA DEVI AND ANR.

The separate income and means of the wife must be taken into account by the Magistrate when determining the amount of maintenance payable under s. 488 of the Criminal Procedure Code, 1898. There is no inconsistency between s. 488 CrPC and s. 23 of the Hindu Adoptions and Maintenance Act, 1956, and both provisions can co-exist without repeal or modification.

Parties
Appellant: Bhagwan Dutt; Respondent No. 1: Kamla Devi; Respondent No. 2: Respondent No. 2 (daughter)
Jurisdiction
India
Judgment Date
17 October 1974
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 30th April, 1970 of the Delhi High Court in Criminal Revision No. 90 of 1970
Outcome
Appeal allowed
Legal Topics
Maintenance to Wife Under S. 488 Cr PC, Consideration of Wife's Income for Maintenance, Interaction of S. 488 Cr PC With Hindu Adoptions and Maintenance Act, 1956
Criminal Law Family Law Maintenance to Wife Under S. 488 Cr PC Consideration of Wife's Income for Maintenance Interaction of S. 488 Cr PC With Hindu Adoptions and Maintenance Act, 1956

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Parties

Bhagwan Dutt

Appellant

Kamla Devi

Respondent No. 1

Respondent No. 2 (daughter)

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 30th April, 1970 of the Delhi High Court in Criminal Revision No. 90 of 1970

Legal Issues

  1. 1 Whether the separate income and means of a wife can be taken into account when fixing maintenance payable to her under s. 488, Criminal Procedure Code, 1898
  2. 2 Whether s. 488 CrPC has been partially repealed or modified by s. 23 of the Hindu Adoptions and Maintenance Act, 1956

Ratio Decidendi

The separate income and means of the wife must be taken into account by the Magistrate when determining the amount of maintenance payable under s. 488 of the Criminal Procedure Code, 1898. There is no inconsistency between s. 488 CrPC and s. 23 of the Hindu Adoptions and Maintenance Act, 1956, and both provisions can co-exist without repeal or modification.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside.
  • Case remanded to the trial Magistrate to refix the amounts of maintenance.