NANAK CHAND versus SHRI CHANDRA KISHORE AGARWALA AND OTHERS
Section 488 CrPC is not impliedly repealed by the Hindu Adoptions and Maintenance Act, 1956; the expression 'child' is not confined to minor children but refers to any offspring unable to maintain itself; maintenance fixed did not include educational expenses and is not excessive.
- Parties
- Appellant: Nanak Chand; Respondents: Suri Chandra Kishore Agarwala and Others; Respondent: S. C. Majumdar
- Jurisdiction
- India
- Judgment Date
- 20 May 1969
- Procedural Posture
- Criminal Appeal / Appeal From High Court Judgment, Decided by Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Maintenance, Interpretation of 'child' Under Cr PC S.488, Implied Repeal, Quantum of Maintenance
Case Brief
Summary, issues, holding and outcome
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Parties
Nanak Chand
Appellant
Suri Chandra Kishore Agarwala and Others
Respondents
S. C. Majumdar
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment, Decided by Supreme Court
Legal Issues
- 1 Whether s. 488 CrPC was impliedly repealed by s. 4 of the Hindu Adoptions and Maintenance Act, 1956
- 2 Whether the expression 'child' in s. 488 CrPC includes only minor children
- 3 Whether educational expenses should be considered for maintenance under s. 488 CrPC
Ratio Decidendi
Section 488 CrPC is not impliedly repealed by the Hindu Adoptions and Maintenance Act, 1956; the expression 'child' is not confined to minor children but refers to any offspring unable to maintain itself; maintenance fixed did not include educational expenses and is not excessive.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed; maintenance order upheld.
Full Case Text
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