This is the principal question for determination in this appeal by special leave.
1 was employed as a stenographer on a monthly salary of Rs.
Appeal by special leave from the judgment and Order dated the 30th April, 1970 of the Delhi High Court at New Delhi in Criminal Revision No.
out of this wedlock a daughter, Respondent No.
175/ for the wife and Rs.
The appellant was at that time earning about Rs.
During the pendency of that petition, she filed all application under s. 488 of the Code of Criminal Procedure, 1898, in the companyrt 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.
On October 18, 1966, Respondent No.
90 of 1970.
Respondent No.
By his order dated June 6,1969 the Magistrate directed the husband to pay Rs.
600/ .
228 of 1970.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1 filed a petition against the appellant for judicial separation on the ground of desertion and cruelty.
Against the order of the Magistrate, the husband went in revision to the Court of Session.
250/ per month i.e. Rs.
The Judgment of the Court was delivered by SARKAR 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 ?
1, Kamla Devi was married to the appellant Bhagwan Dutt on January 22, 1957 according to Hindu rites.
2, was born on November 22, 1957.
1501 , approximately.
A.I.R. 1971 Kerala 22.
75/ for the child for their maintenance.
Sardar Bahadur Saharya, for the respondents.
However, later on when the case was in the Sessions Court in revision, the monthly income of each of them had increased by Rs.
At the date of the application Respondent No.
N. Nijhawan, Urmila Kapoor and Kamlesh Bansal, for the appellant.
800/ per month.
While fixing the amount of maintenance for the wife, the Magistrate did number take into companysideration her own independent income.
