BHAGWAN DUTT Vs. KAMLA DEVI

JUDGEMENT

(1.) Can the income of the wife be taken into account in determining the amount of maintenance payable to her under Section 488 of the Code of Criminal Procedure, 1898 This is the principal question for determination in this appeal by special leave.

(2.) Respondent No. l, Kamla Devi was married to the appellant Bhagwan Dutt on January 22, 1957 according to Hindu rites. Out of this wedlock a daughter, Respondent No. 2 was born on November 29,1957. On October 18, 1966 Respondent No. 1 filed a petition against the appellant for judicial separation on the ground of desertion and cruelty. During the pendency of that petition, she filed an application under Section 488 of the Code of Criminal Procedure, 1898, in the court of the Magistrate, 1st Class, Delhi, claiming maintenance for herself and for her minor daughter, on the ground that the appellant had neglected and refused to maintain them. At the date of the application Respondent No. 1 was employed as a stenographer on a monthly salary of Rs.600/-. The appellant was at that time earning about Rs. 800/- per month. However, later on when the case was in the Sessions Court in revision, the monthly income of each of them had increased by Rs. 150/-, approximately.

(3.) By his order dated June 6, 1969 the Magistrate directed the husband to pay Rs. 250/- per month i.e. Rs. 175/-for the wife and Rs. 75/- for the child for their maintenance. While fixing the amount of maintenance of the wife, the Magistrate did not take into consideration her own independent income.