BHAGWAN DUTT vs KAMLA DEVI AND ANR.

The Supreme Court held that under Section 488 of the Code of Criminal Procedure, 1898, a wife's separate income can be considered when determining her maintenance amount. The Court clarified that the discretion of the Magistrate is not absolute but must be exercised judiciously, taking into account the wife's financial circumstances alongside the husband's. The ruling overruled previous decisions that did not allow for the wife's income to be considered, affirming that both the husband's and wife's means are relevant in maintenance determinations.