Skip to content


Mukta Vs. Dattu Mahadev - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Reference No. 59 of 1933
Judge
Reported inAIR1924Bom332; (1924)26BOMLR186
AppellantMukta
RespondentDattu Mahadev
Excerpt:
criminal procedure code (act v of 1898), section 488--wife--maintenance--award in money only.;section 488 of the criminal procedure code only permits of the court directing an mounthly payment of money. an order directing a mixed payment in kind and in cash every year is contrary to the terms of the section. - .....is an application by the complainant wife of dattu gawali for maintenance under section 488 of the criminal procedure code. the magistrate passed the following order:--the husband of the applicant is willing to give her juwari four maunds, one lugada, choli, and rs. 12 cash every year. as he gives her maintenance i direct that the applicant should get the above maintenance every years from dattu mhadev of narkhed. 2. the district magistrate has referred the case to this court with a request that the order should be set aside as not being in conformity with the provisions of section 488, criminal procedure code. we think that that section only permits of the court directing a monthly payment of money, and that the present order directing a mixed payment in kind and in cash every year is.....
Judgment:

Norman Macleod, Kt., C.J.

1. This is an application by the complainant wife of Dattu Gawali for maintenance under Section 488 of the Criminal Procedure Code. The Magistrate passed the following order:--

The husband of the applicant is willing to give her juwari four maunds, one lugada, Choli, and Rs. 12 cash every year. As he gives her maintenance I direct that the applicant should get the above maintenance every years from Dattu Mhadev of Narkhed.

2. The District Magistrate has referred the case to this Court with a request that the order should be set aside as not being in conformity with the provisions of Section 488, Criminal Procedure Code. We think that that section only permits of the Court directing a monthly payment of money, and that the present order directing a mixed payment in kind and in cash every year is contrary to the terms of the section. We, therefore, set aside the order, and direct the Magistrate to pass a proper order under Section 488, Criminal Procedure Code.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //