The wife’s income must also be weighed against the husband’s means in the judicial system because the magistrate is expected to use her judgment in a just manner as discussed in the case of bhagwan dutt vs kamla devi. The goal of those laws is to stop vagrancy and destitution; therefore, the magistrate must ascertain what the wife needs to maintain a quality of living that is modestly appropriate for the family’s status rather than ostentatious or impoverished.
bhagwan dutt vs kamla devi Case Facts
- Following Hindu customs, Kamla Devi (Respondent No. 1) wed Bhagwan Dutt (Appellant) on January 22, 1957. On November 22, 1957, they gave birth to a daughter (Respondent No. 2).
- Subsequently, on October 18, 1966, Respondent No. 1 filed a judicial separation petition against Bhagwan Dutt citing both cruelty and desertion. She decided to file all of the applications listed in section 488 of the code of criminal procedure, 1898, in the first-class magistrate’s court in order to secure maintenance for herself and her little daughter on the grounds of neglect and abandonment, even while her appeal for separation was still ongoing.
- Respondent No. 1, Kamla Devi, was satisfied that she should get support for herself and her little daughter because her husband had failed to fulfill his responsibilities as a father and a spouse. Kamla Devi was paid Rs. 600 per month, which was Rs. 200 less than the appellant’s income, as a stenographer at the time of this appeal.
- The Magistrate decided by order dated June 6, 1969 that the husband was entitled to support payments of Rs. 175/-for the wife and Rs. 75/-for their child. Nevertheless, when calculating Kamla Devi’s maintenance, the Magistrate took her pay into account.
- The Court of Session, which heard the husband’s appeal, ruled that the wife’s pay was sufficient for her own subsistence. She was therefore not eligible for maintenance.
- The Honorable Judge believed that Rs. 75/-per month was insufficient to support a child. He increased the payment to Rs. 150 each month. The Additional Sessions Judge recommended that the Magistrate’s support order for the wife be revoked and that the child’s allowance be increased while referring the matter to the High Court under section 438 of the code of criminal procedure.
- A knowledgeable single judge of the High Court accepted the recommendation regarding the child’s allowance but rejected it regarding the wife’s maintenance. The husband filed an appeal with the Indian Supreme Court after being offended by the High Court’s decision.
bhagwan dutt vs kamla devi Issues
- Is it appropriate for the wife’s independent income to be taken into account when calculating the amount, the husband must pay to support her and their child?
Contentions by the Parties
Petitioner:
- The appellant argued that it would be obvious that the wife’s claim to maintenance should be influenced by her independent income if Section 488(1) is read in the context of its fundamental goal.
Respondent:
- The respondent argued that section 488 of the code of criminal procedure acts as a deterrent to vagrancy. With the intention of compelling a man to uphold the moral duty he owes society toward his spouse and children; these statutes are meant to serve a social purpose.
- He ought to be held accountable for making sure the children and mistreated spouse don’t wind up penniless and abandoned on the social scrap heap.
bhagwan dutt vs kamla devi Judgment
- The Honorable Apex Court ruled that neither section 488 of the code of criminal procedure nor its provisions impose an absolute duty on the part of the husband to provide for his neglected wife under any circumstances.
- Rather, they give the neglected wife the opportunity to pursue an order of maintenance against her spouse. The Court determined that the word “may” in Section 488(1) denotes the discretionary nature of the authority granted to the Magistrate.
- Therefore, under this Section, a neglected woman is not entitled to a maintenance order against her husband. He further concluded that, with regard to other pertinent case circumstances, the Magistrate must use his discretion in a way that is judicially consistent with the wording of the legislation.
- Nonetheless, the Magistrate’s judgment must be directed largely towards the Legislature’s design.
- The Apex Court held unequivocally that the mere fact that Section 488(1) does not specifically state that a wife cannot support herself does not mean that the Magistrate is prohibited from considering the wife’s own separate income or means of support when assessing her claim and setting the amount of maintenance.
- Ultimately, the Apex Court ruled that nothing in these rules indicates that the Magistrate must look solely at the husband’s income and completely disregard the wife’s means while calculating maintenance and its rate.
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