AIR 1975 SUPREME COURT 83 ::1975 2 SCC 386 ::1975 MadLJCri 81 ::(1975) 2 SCC 385 ::1975 SCC(Cri) 563 ::1975 2 SCR 483 ::1975 (1) SCJ 143

Supreme Court Of India

(From Delhi)

Hon'ble Judge(s): Y. V. Chandrachud, R. S. Sarkaria, A. C. Gupta , JJJ

Criminal P.C. (5 of 1898) , S.488— Wife's right to maintenance is not absolute - In determining amount magistrate is competent to take into consideration the separate income and means of wife - Scope of S. 23, Hindu Adoptions and Maintenance Act and S. 488 held different. Decision of Delhi (H. C.) Reversed.AIR l960 Punj 249 and AIR 1969 Delhi 235, Overruled. Hindu Adoptions and Maintenance Act (78 of 1956) , S.23— In determining the amount of maintenance under Section 488 (1) the magistrate is competent to take into consideration the separate income and means of the wife.(Para 21) The mere fact that the language of Section 488 (1) does nor expressly make the inability of a wife to maintain herself a condition precedent to the maintainability of her petition, does not imply that while determining her claim and fixing the amount of maintenance, the Magistrate is debarred from taking into consideration the wife's own separate income or means of support.(Para 18) The object of the provisions of Sections 488, 489 and 490 being to prevent vagrancy and destitution, the Magistrate has to find out as to what is required by the wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with the status of the family. The needs and requirements of ....