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Lilawati Vs. State of Uttar Pradesh and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 575 of 1980
Judge
Reported in(1982)1SCC437
AppellantLilawati
RespondentState of Uttar Pradesh and anr.
Excerpt:
- [ r.s. sarkaria and; v.d. tulzapurkar, jj.] -- criminal procedure code, 1973 — section 125 — on facts, quantum of maintenance to be awarded to wife and child to be determined afresh by sessions judge in relation to husband's income — meanwhile, husband directed to pay an interim maintenance allowance of rs 50 per month to the wife -- we are satisfied that the high court has unnecessarily interfered with the finding of fact recorded by the sessions judge in criminal revision no. 101 of 1975 on the point that the husband had failed and neglected to maintain his wife and had ill-treated her. - 101 of 1975 on the point that the husband had failed and neglected to maintain his wife and has ill-treated her......revision no. 101 of 1975 on the point that the husband had failed and neglected to maintain his wife and had ill-treated her. however, it does appear that the question of quantum of maintenance for the wife and one child who is staying with her, in relation to the husband's income does not seem to have been properly considered by the sessions court. we therefore set aside the impugned order of the high court and send the case back to the sessions judge for disposal according to law on the point of quantum of maintenance to be awarded to the wife and the child. parties may be permitted to lead evidence in that behalf and for that purpose the sessions judge may have the evidence recorded and certified through the learned trial magistrate. in the meantime we direct that the husband.....
Judgment:

V.D. TULZAPURKAR, J.

1. Special leave granted.

2. We have heard counsel on either side. We are satisfied that the High Court has unnecessarily interfered with the finding of fact recorded by the Sessions Judge in Criminal Revision No. 101 of 1975 on the point that the husband had failed and neglected to maintain his wife and had ill-treated her. However, it does appear that the question of quantum of maintenance for the wife and one child who is staying with her, in relation to the husband's income does not seem to have been properly considered by the Sessions Court. We therefore set aside the impugned order of the High Court and send the case back to the Sessions Judge for disposal according to law on the point of quantum of maintenance to be awarded to the wife and the child. Parties may be permitted to lead evidence in that behalf and for that purpose the Sessions Judge may have the evidence recorded and certified through the learned trial Magistrate. In the meantime we direct that the husband shall pay Rs 50 p.m. to the wife as interim maintenance which amount shall be deposited by the husband in the Sessions Court, Mainpuri, for September 1980 on or before October 5, 1980 and for succeeding month on or before the 5th of the following month.


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