Supreme Court · 1974 INSC 213 · Decided 17 October 1974
Bhagwan Dutt v. Kamla Devi and ANR.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 213 · [1975] 2 S.C.R. 483
- Case number
- CRIMINAL APPEAL No. 228/1970
- Decided
- 17 October 1974
- Bench
- Y.V. CHANDRACHUD, R.S. SARKARIA, A.C. GUPTA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 488
Headnote
F BHAGWAN DUTT v KAMLA DEVI AND ANR; October 17, 1974 [Y. V. CHANDRACHUD, R. S. SARKARIA AND A. C. GUPTA, n.] 483 Code of Criminal Procedure (Act 5 of 1898) s. 488-Ma/ntenance to wife­ Whether her income and means can be taken into account In fixing. The separate income and means of the wife an absolute right on a neglected wife to get an "rder of maintenance against the husband nor does it impose an absolute liability on the husband to support her in all circumstances. The use of the word 'may' in s. 488(1) indicates that the power conferred on the Magistrate is discro­
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